Difficult to explain the trial of various legal questions that could hardly be supported

Absrtact: The Chinese Film Copyright Association (hereinafter referred to as the Shadow Association) was established in mid-April, announcing the copyright of all domestic films, and decided to collect copyright fees from Internet cafes.

Difficult to explain the trial of various legal questions that could hardly be supported

The shadow of the association announced that the United Network is still culture to the internet cafes to collect film royalties, as a "trip" into a "minefield", protests, questioning sound. Recently, the news that Shanda's copyright distribution companies in the heyday of the Sun sued the film Association and the network still culture infringement of its movie copyright, and the legal profession has also questioned the shadow of the practice. However, this does not seem to affect the determination of the Shadow Association, at the end of this month, the film association will be the only Internet cafes film charges in the pilot cities.

The bright Sun sues the shadow Association

The Chinese Film Copyright Association (hereinafter referred to as the Shadow Association) was established in mid-April, announcing the copyright of all domestic films, and decided to collect copyright fees from Internet cafes. News, caused by internet cafes film and television platform and copyright distribution company's great dissatisfaction.

The contradiction between the two days is escalating. According to a portal site reported, because of violations of the "Yue Guang Box" works of property rights, the heyday of the Sun to Beijing Haidian District Court sued the shadow of the Association and the network still culture. It is reported that the film "Yue Guang Box" is the Beijing pony Pentium one movie Culture Development Co., Ltd. authorized, the spirit of the sun from April 17, 2010 to April 16, 2015 in mainland China's exclusive information network transmission rights. This May, the heyday of the Sun found without its authorization, the network still culture in its VV8 film and television website to the public to provide the film online on-demand service. At the same time, the spirit of the Sun found that the network still culture in the film identified by the film Association, and the spirit of the Sun did not authorize the shadow of the association, so also the shadow of the association as a tort object.

News, the Spirit of the sun on the attitude seems to be in the "soft." Flourishing Sun CEO Xu Lei Lei with the shadow of the lawsuit attitude ambiguity, do not confirm nor deny. June 12, the reporter called The Spirit of the hot sun Liu Wenna asked the matter, "These are online news, we did not send any news, will not publish any announcements." Liu Wenna's attitude remains vague. In the heyday of the Sun's official network, the reporter saw the hot sun, the news to sue leisurely, no mention and shadow of the dispute between the association.

95% of copyright is questioned

The spirit of the sun will not be the "Early Bird", the shadow of the association will not become a defendant, is still unknown, but the shadow of the practice of the society is being questioned by the law.

The shadow of the association announced the enjoyment of all the members of the film copyright, Zhu Yongde, chairman of the film Association has said that the shadow of the Society unit of films occupy 95% of domestic films. For this figure, Shanghai Hui Jin law firm lawyer Sun Xiangyuan and the Shanghai Big Bang law firm lawyer Yunting all said to be debatable, "should not be so high proportion, now many movie's network issue right all by the video website to buy, the concentration degree not so high." "and yunting that if it does not reach 95%, then the Shadow Association is involved in false publicity, violation of the" anti-unfair competition law, the relevant rights can be prosecuted, the business sector can also be punished. "Copyright management organizations can not be profit-making, but if the shadow of the association to outsource the business to other parties profit, this involves false publicity." "Yunting said.

Charge by computer quantity opaque

The idea that the film association is also able to levy on the royalty of non-member units is criticized by two lawyers. "One of the most important principles of civil law is the principle of autonomy of the parties, my right to dispose of my rights, without authorization, other people can not dispose of, otherwise it is infringement." "Yunting said. With regard to the practice of the Shadow Association, he said that only through the authorization of the relevant rights holders, the Film society could collect the royalties for their films.

Sun Xiangyuan that it would be appropriate to recruit more member units to collect royalties for their films. "Copyright first is the private right, if the obligee does not have the authorization, does not become the member unit, the Shadow Association naturally cannot collect royalties for them." Otherwise, the Shadow Association is not a society, but the nature of the government department. ”

Yunting also expressed dissatisfaction with the way in which the video association charged the number of machines in Internet cafes. "Internet café computer can not only watch movies, but also play games, listening to music, watching news, sometimes a machine in a few days may not be on the top of the movie." "The most reasonable and transparent way to charge is to charge on demand," he says, but he said meaningfully, "it is because of transparency that it has not been implemented." ”

Internet Café Association is suspicious

In a skeptical voice, the film association and the net still culture "no hesitation" to promote the Internet Café film charging process, there is news that the pilot will begin this month.

Beijing network still cultural market director Cheng Tianyu recently said that plans in the end of June in Inner Mongolia's hulunbeier began pilot internet café film charges. It is reported that the image of the Concord Network will be in Hulunbeier, Dalian, Zhenjiang as a cooperative pilot, in three pilot cities to obtain the success of the work experience, and gradually to the national promotion.

The image of Concord network still culture to carry out nationwide internet café film charges, and the need to cooperate with local Internet Cafes Association, and from the attitude of Internet Cafes Association, this work will be very difficult progress. "They have been in touch with us once, but we have not talked about it further because we have a lot of misgivings about it," said Fang Zhiping, Deputy secretary general of Shanghai Internet Public Internet Service Industry Association. He said that the image of the Concord network still has the qualifications of the subject, how to determine the fee standards, whether or not to solve the Internet Café film copyright issues, the distribution of copyright fees, "All these need to be clear, can not light the payment, do not understand the problem." ”

Hangzhou, Nanjing, Zhengzhou and other Internet cafes industry associations in the media interviewed also expressed similar concerns, they do not and the shadow of the association have had in-depth contact. It can be imagined that even if the pilot work begins and the local network association in the face of doubt, it will be very difficult for the Film society to implement the charging of Internet café films.