Have you ever watched Korean dramas on your mobile app?
Professor Dondo rewrites idol shows with his powers
When the Masked King refreshes the new form of variety
At that time
Korean TV dramas are all the rage
But have you ever thought about
This may involve infringement
Or even a crime?
Brief of the case
In early May 2020, the defendant Xiong believed that the "Korean drama TV" owned by outsiders in the case. 
The brand benefit is better, so it is transferred to their own management after discussion. Immediately, the defendant Xiong contacted the defendants Li Mou and Huang Mou, and the three conspired to launch the APP in the mobile application market, put a large number of infringing Korean dramas, Korean variety shows and other film and television works online, and collect advertising fees by placing advertisements in the APP and film and television works. His works include 795 episodes of Korean dramas such as "Forced Landing of Love", "Legend of the Blue Sea", "The King", "Hotel Druna", and 2127 episodes of Korean variety shows such as "Running Man", "Please the Refrigerator", "The Voice of Korea", and "The Masked Singer". Some of these works have been transferred to domestic video operators such as "Tencent video", "iQiyi" and "Youku", and some have not yet been introduced by domestic operators. At the same time of their respective division of labor, Xiong, Li, Huang also recruited Zhang, Zhang to improve and maintain the original APP.
From July 2019 to August 2020, the "Korean drama TV" APP involved in the case was launched in Huawei, OPPO, Xiaomi, VIVO and other mobile phone application markets, illegally copying 795 episodes of Korean dramas and 2,127 episodes of Korean variety shows for people to watch, and collecting advertising fees from it, with a total amount of illegal business amounting to more than 2.21 million yuan.
A few days ago, the Jiangyin court sentenced Xiong Mou and other 5 people who committed the crime of copyright infringement, Xiong Mou, Li Mou, Huang Mou, Zhang Mou for profit purposes, without the permission of copyright owners, jointly disseminate film and television works to the public through the information network, the circumstances are particularly serious, their behavior has constituted the crime of copyright infringement, according to law sentenced Xiong Mou and other 5 people ranging from three years to one year and three months imprisonment. Probation shall be applied, a fine ranging from 1.19 million yuan to 130,000 yuan shall be imposed, and all illegal gains shall be confiscated. The judgment of the first instance has taken legal effect.
Judge's statement
In recent years, China has continuously strengthened the protection of intellectual property rights, especially in the film and television industry to increase the intensity of infringement and illegal acts. The logic of the intellectual property protection system is that the innovation investment of the property owner in the early stage can be rewarded by the market in the later stage. Only with such a system guarantee can people feel safe to invest in creative labor, and only through innovation can the society continuously achieve rapid development and progress. If the results developed by the inventor after paying long-term and hard investment can be copied at will after being put into the market, it is a huge blow and harm to the original creativity, which is not conducive to the development and progress of society.
Specifically, in this case, the production of these movies and TV plays has combined a large amount of creative investment, which requires extremely high costs from script creation, shooting, post-production, publicity and distribution. Xiong et al uploaded these movies and TV plays to the APP without authorization for everyone to watch for free, and then sought profits by inserting advertisements, making the right holders of the movies and TV plays unable to obtain reasonable returns. It not only brings economic losses to the legitimate rights holders of intellectual property rights, but also hurts the enthusiasm of creation. If not stopped, high-quality intellectual achievements will gradually decrease, which is not conducive to people's enjoyment of rich spiritual life.
For Internet operators who make profits by disseminating works, whether it is through direct means such as viewing fees, paying membership fees, or through free viewing to obtain traffic cash, they need to ensure that they enjoy the corresponding rights to the provided works, especially the right to network communication. Here, we also call on the majority of netizens to consciously resist intellectual property infringement, support genuine, reject piracy, and protect human creativity!
Knowledge link
01 Are foreign works protected by law?
The copyright in works of foreigners and stateless persons enjoyed in accordance with the agreements concluded between China and the country to which the authors belong or have their habitual residence or the international treaties to which they are both parties shall be protected by Chinese law. In 1886, the Berne Convention for the Protection of Literary and Artistic Works, an international treaty on copyright protection, was formulated, and both China and Korea are signatories, as long as they are signatory states to the Convention，All their works can seek copyright protection in our country.
02 What rights does the law protect the owner of a work?
In addition to the common rights of publication, authorship, modification, integrity protection, reproduction, distribution and other rights, copyright also includes the right of information network communication. The right of information network communication refers to the right to make a work available to the public by wired or wireless means, so that the public can obtain the work at a time and place of their choice. The right of information network communication is more and more closely related to our life, and we can meet it anytime and anywhere. We all involve the right of information network communication in relevant websites and mobile APP videos on demand. (Source: Author: Xu Zhiruo (Vice President of Intellectual Property Division of Jiangyin Court)
More information and services
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