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China IP Magaziine

Copyright Dispute in Posters, Snapshots and Screen Captures

发布时间:2018-12-06
Case 3
Copyright Dispute in Posters, Snapshots and Screen Captures
Trial Docket: (2017) Jing0105MinChu No. 10028
[Headnotes] Consideration of whether an act constitutes fair use from the origin of fair use regime by applying the tripartite test in conjunction with Article 21 of the Implementing Regulations of Copyright Law by factoring in whether it affects the normal use of the copyrighted work or whether it unreasonably interferes with legitimate copyright.
 
[Synopsis] Plaintiff: Dongyang Flowers Film and Television Culture Co., LTD.
 
(Flowers Film) Defendant: Douban.com of Beijing (Douban.com) Flowers Film is the copyright holder of TV series The Obstetrician (the TV series at issue). The “Douban Film” operated by Douban.com is an information-sharing platform for comments and exchange among Internet users. On this platform, an entry under the heading of “Obstetr i c ian/Gynecologist”
 
displayed information about posters, conductor, script writer, and main actors, in addition to a list of short comments by series, summaries, pictures of the scenes, etc. In the photo section was a display of photos submitted by Internet users for posters, snapshots and screen captures of the TV series. Flowers Film contends that as copyright holder of the TV series it is entitled, but not limited, to the copyright of the series, the screen captures, posters, etc. and requests an injunction, elimination of negative impact, an accounting of damages and reasonable expenses.
 
The court is of the opinion that none of the snapshots or posters carried names, and Flowers Film may not presumptively claim to be the copyright holder per se for the snapshots and posters simply because it is the copyright holder of the TV series, without showing the manuscripts, original works, or contracts for obtaining the copyrights thereof. Screen captures, as still images of motion pictures however, are not photographic works independent of the TV series, for which Flowers Film, as copyright holder of the TV series, may assert its right over the screen captures. The Internet users’ acts of network dissemination of information, though without permission by the copyright owner, do not conflict with the ordinary copyright interests, and cause no unreasonable injury to copyright owner’s legitimate interest, for which Flowers Film provides no evidence, either. Therefore, the acts are fair use of Flowers Film’s work, causing no damages to the network dissemination of information right of Flowers Film. Given that no infringement is found for the Internet users, neither for Douban.com. therefore the court dismisses the entire claims of Flowers Film. The trial court decision becomes effective since neither of the parties files appeal.
 
[Judge’s Comment] Article 22 of Copyright Law enumerates 12 acts as fair use.
 
Yet the rapid development of new technologies of dissemination and new mode of business caused tremendous impact upon such closed-end legislative mode. The exhaustive list of fair use under this article can no longer meet the needs of reality. This case starts from the origin of the fair use regime, by applying the tripartite test in conjunction with Article 21 of the Implementing Regulation of Copyright Law to consider whether the acts at issue affects the ordinary use of the work and whether it causes unreasonable injury to the copyright owner’s legitimate interest in order to be granted fair use. This case sets the peripheral boundaries of fair use by conducting active exploration, and its decision achieved the balance between copyright owner’s interest, and that of the ISPs’ as well as the public, which serves certain referential value for deciding similar cases, and has promotional effect for the development of movie critique.
 
(Translated by Zheng Xiaojun, Yuan Renhui)