On December 9, 2023, the AIPPI (International Association for the Protection of Intellectual Property) China Branch successfully held the 2023 (8th) Copyright Hot Topics Forum, which was organized by the Copyright Professional Committee of AIPPI China Branch, and co-organized by Tao An Law Firm, Xinli Media, and the Legal Affairs Committee of China TV Drama Production Industry Association. The forum released the top 10 hot copyright cases of AIPPI China Chapter in 2023 and made professional comments, showing the important developments in the field of copyright protection in 2023. The forum was held in the form of keynote speeches + roundtable interviews, and more than 20 judges, scholars, experts, and lawyer representatives from the judicial, academic, and industrial fields conducted in-depth exchanges on hot and difficult issues in the field of copyright, and interacted with the on-site guests.
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Opening ceremony
Under the enthusiastic chairmanship of Li Yi, Secretary-General of AIPPI China Branch, the 2023 AIPPI China Chapter Copyright Hot Spot Forum kicked off in anticipation. This forum is not only an annual event in the field of intellectual property protection, but also the focus of copyright protection topics.
Mr. Yu Cike, Executive Vice President of the Copyright Society of China, delivered a profound and insightful speech. He focused on the current challenges and future trends in the field of copyright protection, emphasizing the importance of these two key topics. First of all, Executive Vice President Yu Cike explained in depth the necessary path to comprehensively strengthen copyright protection, emphasizing five major implementation directions: protection in accordance with law, strict protection, appropriate protection, fair protection and joint protection. He noted that those five aspects were at the heart of a comprehensive and efficient copyright protection system that balanced the rights of creators with the public interest, while stimulating innovation and cultural diversity. Secondly, Executive Vice Chairman Yu Cike provided insightful insights on the copyright issues of the data itself. He noted that while the data itself was not copyrightable due to its lack of creativity and originality, the dataset could contain copyrighted elements such as images, audio, and text. This is especially important in the current digital age, and Executive Vice President Yu also emphasized the legality of data access and use, as well as the importance of data sharing and open licensing.
Mr. Long Chuanhong, Vice President of AIPPI China Branch, pointed out in his speech that after years of efforts, the AIPPI Copyright Hot Spot Forum has become an important event in the field of intellectual property in China and even in the world. He expressed his sincere thanks and warm welcome to all the speakers, roundtable interviewers, moderators and participants who participated in this forum. He emphasized that AIPPI, as an important organization in the field of global intellectual property, has been promoting the protection and development of intellectual property worldwide since its establishment in 1897. At this year's Annual General Meeting in Istanbul, Turkey, the China Chapter demonstrated its active participation and contribution on the international stage. Vice President Long Chuanhong mentioned that 2023 is a critical year for China's 14th Five-Year Plan, and copyright protection has received unprecedented attention. In particular, he mentioned the "Sword Net 2023" special action jointly launched by the National Copyright Administration and other departments, as well as the achievements made in addressing the copyright challenges brought about by emerging technologies such as artificial intelligence. The forum also focused on the top 10 hot copyright cases of the year, and showcased the new trends and trends in the copyright field of the year through this selection activity. Vice President Long Chuanhong emphasized that this event is not only a review of hot issues of copyright, but also an exploration of the future direction. Finally, Vice President Long Chuanhong expressed his gratitude to the Copyright Professional Committee of AIPPI China Branch, Tao An Law Firm, Xinli Media, and the Legal Affairs Committee of the China Performing Arts Association, and wished the forum a complete success.
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2024 AIPPI Hangzhou Conference Promotion
Mr. Li Yi, Secretary General of AIPPI China Chapter, introduced the AIPPI International Congress to be held in Hangzhou, China from October 19 to 22, 2024. Li Yi emphasized the importance of the conference, which is expected to attract broad participation from the global IP community. The conference will include a number of thematic forums and networking activities, providing rich learning Xi and networking opportunities. Li Yi encouraged powerful firms and institutions to sponsor the conference to reduce the cost of participation and increase the number of participants. He also mentioned that the conference was open to both AIPPI members and non-members, and all interested businesses and individuals were encouraged to learn more and actively participate through official channels.
Copyright of AIPPI China Chapter 2023
Top 10 hot cases were released
The top 10 hot copyright cases of AIPPI China Chapter in 2023 were released by Ms. Du Ying, director and professor of the Intellectual Property Research Center of ** University of Finance and Economics. In a funny, humorous and professional form, she released the top 10 copyright hot cases one by one, and the top 10 hot cases involve AI-generated copyright, digital collection resale, online game copyright protection and other diversified fields, reflecting the new challenges and trends of current copyright protection. Ms. Zhang Xiaoxia, a member of the Adjudication Committee of the Beijing Intellectual Property Court and a second-level senior judge, commented on these cases in depth, emphasizing the importance of interpreting complex cases with legal thinking, which is thought-provoking.
The list of the top 10 copyright hotspots of AIPPI China Chapter in 2023 is as follows:
Case 1: The first case of copyright infringement generated by AI.
Case 2: The resale of digital collections does not constitute copyright infringement.
Case 3: "The Shore of the Land" v. "Three Kingdoms: Strategic Edition" game infringement case.
Case 4: Purchase of infringing software by an end user.
Case 5: "Virtual Digital Human" case.
Case 6: Copyright infringement case of unauthorized piracy of live broadcast of e-sports events.
Case 7: Injunction of infringement of network disk.
Case 8: Himalayan algorithm recommendation does not necessarily break the safe harbor principle.
Case 9: The country's largest "chicken" game plug-in criminal case.
Case 10: Shanghai's first criminal case of piracy "script killing" copyright.
Please click the link below to view the details of the top 10 hot cases.
Top 10 Hot Copyright Cases of AIPPI China Chapter in 2023.
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Keynote Speech
The keynote speech session was moderated by Ms. Li Yanrong, Director of AIPPI China Chapter, and four influential guests were invited to deliver speeches.
Zhao Changxin, Vice President of the Beijing Internet Court, delivered a speech on the judicial protection of digital copyright in the Internet era with the title of "Give Full Play to the Judicial Functions of the Internet and Promote the Healthy Development of Digital Copyright". President Zhao highlighted the achievements and challenges of the Beijing Internet Court in the field of judicial protection of copyright, and shared the court's experience in handling intellectual property cases involving the Internet. President Zhao pointed out that in the past five years, the Beijing Internet Court has heard more than 200,000 cases involving the Internet, most of which are related to intellectual property. Over the past five years, the Internet Court has always adhered to the adjudication concept of "building rules with adjudication, promoting governance with rules, and promoting development with governance", continuously promoted the cultivation and trial of typical cases, and responded to key and difficult issues of social concern in a timely manner.
Professor Li Yang from the School of Civil, Commercial and Economic Law of China University of Political Science and Law delivered a keynote speech on the topic of "Algorithm Recommendation and Platform Duty of Care and Responsibility". As a senior researcher in the field of digital copyright, Professor Li Yang's speech provided new insights into the issue of platform liability in the current technological environment. Professor Li Yang pointed out that with the rapid development of the Internet and algorithmic technology, the role of platforms in content recommendation and distribution has become increasingly strong, which has led to discussions on the scope and boundaries of their responsibilities. He provides an in-depth analysis of how to find a balance between copyright protection and technological developments, especially the responsibilities of platforms when dealing with algorithmically recommended content. Professor Li Yang put forward several core views on the relationship between platform responsibility and algorithm recommendation. He highlighted the differences between copyright owners and platforms in the distribution of copyrighted content, and highlighted the responsibility of platforms to deal with unauthorized content. Professor Li also proposed the establishment of a more effective notification business system to reduce transaction costs and information deviations between the two parties, so as to better protect copyright. Finally, Professor Li put forward in-depth thinking on the possible future legislative direction and platform responsibility.
Professor Xiong Qi, Deputy Dean of the Law School of Huazhong University of Science and Technology, delivered a speech on the theme of "Social Expression Incentives and Fair Use of Secondary Creation". Professor Xiong Qi's speech focused on the impact of social networking on user-generated content (UGC) and the relationship between professionally created content (PGC) and artificial intelligence-generated content (AIGC) in the Internet era. Professor Xiong Qi pointed out that with the development of social networks and mobile Internet, everyone has an equal publication channel, thus entering the era of UGC. In this context, secondary creation is faced with a new social and legal environment. He emphasized that Internet platforms encourage user expression and content sharing, which has changed the operation mode of the traditional copyright industry and made the copyright law a national law. In his speech, Professor Xiong Qi gave a detailed analysis of the legal challenges of secondary creation in the current environment. He divides the second creation into two forms: the direct use of the original work and the incorporation of fragments of the original work into the new work, and discusses the relationship between these acts and fair use. In particular, he emphasized the importance of economic analysis, especially the consideration of market substitution, when determining whether fair use constituted. Finally, Professor Xiong proposed a legal definition method for the second creation, including a three-step test: a specific and special way of use, not affecting the normal use of the original work, and not unreasonably harming the legitimate interests of the copyright owner. He believes that the legal profession should work together on the legality of secondary creation within the framework of legal norms and economic analysis.
Mr. Wang Jun, Chairman of the Copyright Committee of AIPPI China Chapter and Founder Partner of Beijing Tao An Law Firm, delivered a speech on "Review of Copyright Issues at AIPPI Istanbul Conference and Outlook on Copyright Issues at Hangzhou Conference". In particular, Mr. Wang Jun emphasized the important focus of the AIPPI Global Congress on the field of copyright, revealing the depth and breadth of the content of the conference. Mr. Wang Jun mentioned that the AIPPI Global Conference is dedicated to hot topics in the field of copyright every year, and he introduced the important role played by the China Chapter in the research, drafting, discussion and voting process of previous copyright issues. Mr. Wang Jun introduced the research, discussion and resolution of the China Branch on the core topic of the 2023 Istanbul Conference - "Copyright Collective Management Organization". Parody defense in the field of copyright at the upcoming AIPPI International Conference to be held in Hangzhou in 2024defence of parody in copyrightHe encouraged more copyright scholars, experts and in-house counsel to participate in the study and discussion of the resolution, and contribute wisdom and strength to the development of the field of copyright law.
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Roundtable Interview (1) Film and Television Copyright Issues
The roundtable interview on copyright protection issues in film and television was hosted by Ms. Song Xi, Vice President of Xinli Media Group, and the guests included Mr. Song Yubin, senior producer, Ms. Yang Yang, deputy legal director of Tencent, Ms. Li Wei, vice president of NetEase Cloud, and Li Jingjian, partner of Beijing Taoan Law Firm. In this roundtable discussion focusing on the problems and challenges faced by the use of copyright in the production of film and television comprehensives, the guests combined their experience and insights in copyright management and copyright application, shared the process of creation, the path of legally obtaining and using copyright and the practical difficulties faced, and discussed the understanding of music adaptation, interpretation, reproduction, and infringement and the principles of law judgment of copyright infringement, the fair use of works, Key issues such as bona fide acquisition and traceability of the copyright chain reveal the complexity and importance of copyright in the current environment.
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Roundtable Interview (2) Copyright Infringement of Fan Works
Professor Hao Min, Dean of the School of Law of the School of International Relations, hosted a roundtable interview on the copyright of fan works, with the participation of Professor Li Chen of the Law School of Renmin University of Chinese, Mr. Zhang Hongbo, Executive Vice President and Director General of the China Character Copyright Association, Professor Lu Haijun of the Law School of the University of International Business and Economics **, and Associate Professor Tao Qian of the School of Law of China University of Political Science and Law. Starting from the traditional origin and development of fan works in China, the guests talked about the relationship between fan works and the copyright of original works, and discussed the legality, creative freedom and market substitution of fan works. Panelists emphasized the importance of finding a balance between the protection of original copyright and the promotion of cultural diversity, and discussed how to define the legal boundaries between fanworks and original works, as well as the status and value of fanworks in the field of cultural creation.
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Roundtable Interview (3) Copyright Protection Issues of the Metaverse and AIGC (Copyright Issues in AI Big Data Training).
Focusing on the impact of artificial intelligence and big data on copyright law, this roundtable interview was moderated by Associate Professor Xiong Wencong of the Law School of ** Minzu University, and the guests participating in the discussion included Professor Li Yang of the School of Civil, Commercial and Economic Law of China University of Political Science and Law, President Yang Dejia of the Intellectual Property Trial Court of the People's Court of Haidian District, Beijing, Mr. Jia Zhen, CEO of Beijing Lingjing Cyber Technology, Li Zizhu, Deputy Director of the Patent Law Committee of the Beijing Intellectual Property Law Research Association, and Wang Jun, Chairman of the Copyright Professional Committee of the AIPPI China Branch. The guests first listened to the introduction of the current development of artificial intelligence technology, AI large model training, AI materials, and AIGC generation by AIGC experts, and then in-depth understanding of the impact of artificial intelligence and big data on copyright law. The discussion focused on the legal implications of AI as a creative tool, the legal status of AI-generated works, and how to adapt and respond to legal challenges in the real-world environment of new technologies. Emphasizing the importance of finding a balance between the innovative potential of AI and the protection of intellectual property, the panelists demonstrated their insight into the topic from both legal and technical perspectives.
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Closing ceremony
At the closing session of the meeting, Ms. Shen Lanying, Assistant to the Chief Rapporteur of AIPPI, delivered a speech. She referred to the role of AI in patent applications and copyright registration, and discussed international discussions on the disclosure of the use of AI. She also introduced the organization and activities of AIPPI and the ways to participate in AIPPI, including how to become a member and participate in research projects.