In the past two years, the live broadcast industry has developed rapidly, and a large number of network celebrity anchors have emerged. Many anchors have gained a large number of fans through "live singing". In this process, both the live broadcast platform and the network anchor benefit from users buying members and brushing gifts. However, this kind of behavior also has hidden dangers of copyright infringement.
Cong Lixian, a professor at East China University of Political Science and Law, said in an interview with the media that many network anchors will receive remuneration in various names when singing in the live broadcast room, which belongs to the situation of using other people's works for profit performance and cannot constitute "fair use" as stipulated in the copyright law. If you perform without the permission of the songwriter, it is suspected of infringing the copyright of the songwriter.
On July 16, the National Copyright Administration, the National Internet Information Office, the Ministry of Industry and Information Technology and the Ministry of Public Security jointly launched the "Wang Jian 20 18" special campaign to crack down on online infringement and piracy. At the meeting, the relevant person in charge said that special rectification of copyright will be carried out for short videos, webcasts and other fields to standardize the order of copyright dissemination.
Minefield 2: "willful" live broadcast in public places
You eat in a restaurant, and the process of eating is being broadcast live on the internet, and anyone can see it; When shopping with friends, the content of chatting between them is also live online, and everyone can hear it ... At present, some live video websites will provide real-time videos of public places. Some lawyers said that merchants uploaded each other's images and voices to the Internet without the consent of customers, which was suspected of infringing on customers' portrait rights.
The Network Security Law stipulates that if a network product or service has the function of collecting user information, its provider shall express it to the user and obtain the consent. The General Principles of Civil Law also makes it clear that the right of portrait belongs to the civil rights of natural persons. To use the citizen's portrait right as a profit-making tool, the consent of the parties concerned must be obtained. Even if there is no profit-making behavior, if the live broadcast may cause damage to the image, reputation and privacy of the parties, it must be broadcast with my consent.
Live broadcast platforms and merchants collect customer image information for live broadcast without customer's consent, which may harm customer's interests. Customers can complain to the relevant departments, or bring a civil lawsuit to the court, demanding to stop the infringement and compensate for the losses; If the circumstances are serious, it may also constitute criminal responsibility.
Minefield 3: Dissemination of illegal information
In order to get clicks, anchors try their best to find bright spots. Some live broadcast platforms spread harmful information such as vulgarity and gambling, and some platforms organize "late night" vulgar live broadcast to avoid supervision. Some network anchors openly spread drug-related songs, openly incite fans to insult others, compete to show off their wealth and fight for power, and publish vulgar spoof content. All kinds of chaos, to name a few. Completely ignoring laws and regulations and social public order and good customs is more harmful to underage tourists with weak judgment and strong imitation.
These behaviors essentially played the role of abetting and helping others to commit crimes. If the behavior causes serious social harm, it may also violate the criminal law and constitute a crime.
Article 9 of the Regulations on the Administration of Internet Live Broadcasting Service, which was implemented nationwide on June 1 6+February1day, stipulates that Internet live broadcasting service providers and users shall not use Internet live broadcasting service to engage in activities prohibited by laws and regulations such as endangering national security, undermining social stability, disrupting social order, infringing on the legitimate rights and interests of others, and spreading obscenity and pornography.
The Internet is not a place of extra-legality, and all actions of any organization or individual citizen in public places and cyberspace cannot go beyond the legal bottom line. We call on the majority of netizens to continuously strengthen their legal awareness while enjoying the convenience of the Internet, and to surf the Internet in a civilized and safe manner according to law, so as to create a harmonious, civilized and clear cyberspace environment!