Nineteenth Keynote Speech of the "Fudan TNCs and Law Forum" IP Issues under the Trend of Videoizing

Updated: 10,13,2021


On October 8, 2021, the nineteenth keynote speech of the "Fudan Transnational Corporations and Law Forum" was held successfully online. This speech titled "IP Issues under the Trend of Videoizing" was hosted by Professor MA Zhongfa of Fudan University Law School, delivered by LIU Nan, General Manager of Bilibili's legal department, and commented by Professor XU Chunming of Shanghai International College of Intellectual Property, Tongji University.

Ms LIU kicked off the speech with an introduction of the latest development of the Internet content industry. Over the past five years, video content has accounted for an increasingly significant proportion of the global digital market. In addition to traditional film and television works, a range of new forms of video content, such as short videos and live broadcasts, have emerged and become popularized. It is evident that "videoizing" has become a major trend of development. Ms LIU proceeded to introduce the intellectual property compliance concerns of homemade platform content in various phases of projects, encompassing the initiation, investment, shooting and production, publicity and distribution, and value realization of projects. Then, Ms LIU focused on IP risk control issues confronting network content platforms and analyzed the platforms' legal obligations of content review, the compliance dilemmas that they face, and possible solutions. The legal obligations of content review generally include the content security review obligation and the duty of care, which is generally referred to as the "red flag principle", before the relevant video content is made available to the public, and the "notification-deletion" rule after the video is publicized. However, in practice, the "red flag principle", originally designed for long video reviews, is generalized to be applied to short video content platforms. Meanwhile, the "notification-deletion" rule has not received adequate attention. As a result, short video content platforms are loaded with heavy and even "unreasonable" burdens of content review. Ms LIU considered that the application of the "red flag principle" should not be generalized and more attention should be paid to the "notification-deletion" rule so that the overwhelmed review burdens of video platforms can be reduced, and the interests of platforms, users and copyright holders would be balanced in a more effective manner. Lastly, Ms LIU further introduced the fair use rule of copyright, especially the "Three-step Test". But Ms LIU emphasized that, from users' perspective, creating original works is still the most legitimate way of creation compared to "re-creation" works.

In the commenting session, Professor XU Chunming discussed and commented on several issues, such as how the past trend of long videos and the current trend of short videos influence the network copyright rules in different ways, how to pay more attention to the particularity of short videos’ copyright protection while maintaining the existing protection rules for long videos, how to determine "fair use" in short video creation, and copyright protection of bullet screen. Professor XU and Ms LIU had an in-depth discussion with the audience in the Q&A session.

On October 15, 2021, the Forum will host the twentieth keynote speech titled "Respecting and Protecting IP Rights is Indispensable for Innovation" by LI Xuejun, Vice President of the legal department, Huawei Technologies Co., Ltd.


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