In accordance with the provisions of Article 22, Paragraph 1 of the Copyright Law.

"The use of a work may be carried out without the permission of the copyright owner and without payment of remuneration to the copyright owner in the following cases: However, the name of the author and the title of the work shall be known, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed."

This sentence, translated in human words, roughly what is the situation?

That is to say, if you meet the following conditions, you can watch and listen to other people's books/movies/games/music for nothing, without giving money. However, it is still necessary to state that "reprinting" cannot infringe on "other rights" such as the right of authorship. (Let the author have no money to earn, but he has to earn a reputation)

This article can also be summed up in a legal term, which is called "the 'fair use' of copyright".

It can be said that the copyright problems caused by free Internet dissemination have been revolving around this article for more than a decade. This is the law that is deservedly the most used by Internet companies.

What are the "fair use" situations?

It depends on the content of article 22, paragraph 2, onwards.

"The use of published works of others for personal study and research".

For introduction, comment...... and appropriately quote in the work" (e.g., those who write literary criticism, quote parts of the original text)

"Inevitably quoting ...... for the sake of reporting news and current events"

"Classroom Teaching for the Purpose of Scientific Research ...... in the Classroom"

"...... by State organs for the performance of official duties"

"Books/Archives/Memorials Reproduced for the Preservation of Versions......

The law is very long, and this article lists 13 categories of situations (in order not to write those rare cases without water, just be interested in Baidu)

It is precisely because of this law that the subtitle groups and video download resources seen on the Internet are often marked with the guise of "this subtitle is used for teaching and scientific research purposes, please automatically delete it within 2 hours after downloading", or "this video is used for personal learning and research purposes, please delete it within 24 hours after downloading, and it shall not be reproduced twice".

Although everyone on the earth knows that after people download these things, they are pirated for nothing, and they are not in line with "fair use".

But as long as the "Article 22 of the Copyright Law" is pasted on the resource, it seems that it will be affixed with a protective umbrella, and it has really become "fair use", and the website has an excuse to successfully apply the aura of reducing intelligence to pretend to be stupid:

What? You say this resource is infringing?

Oh, I'm so sorry! I didn't finish reading it when I reviewed it, so I just read the beginning. I thought this "Naruto" was just a movie review video made by this UP master himself! I didn't expect him to copy the original film!

How can there be so many 500 episodes in a movie review show? Oh, I don't know, our reviewers are unprofessional, they haven't seen cartoons, and they don't know how many episodes there are in the original.

Okay, we'll delete this resource right away! And we'll definitely ask more professional content moderators to check it in the future! Make sure you don't have temporary workers who can't even see low-level issues like "Naruto" movie reviews shouldn't have 500 episodes!

That way, the site will be fine—at least until 2013.

Moreover, the State has connived and acquiesced in this for many years.

After all, if Hollywood blockbusters and Dongying action movies have to pay, how much foreign exchange can they pay?

Since the passage of the Copyright Law on September 7, 1990, in the course of more than 20 years of struggle and revision, Article 22 has hardly been changed.

However, the struggle over this "Article 22" has been a constant game in the legal profession all the time.

After all, if the law only says "for commercial purposes" and how it is, it is "not fair use".

But what does it mean to be "commercial"?

These four words are too broad.

The operator of the dissemination of resources directly collects money, so it must be a "commercial purpose", right?

But what if you don't charge money, but there are commercials on the website?

Further, what if the commercial has never been played, but it is to help the UP owner attract fans?

What if you don't even suck fans, but connive at the UP master to post "advertorial videos" at one time? Is it considered a "commercial purpose"?

The "roundabout" innovation of business models is endless.

The "interpretation" of what counts as a "commercial purpose" needs to keep pace with the times.

Who will explain?

Of course, it is the Supreme People's Court to explain.

At the same time, because it is only "interpretation", not a change in legislation.

Therefore, the Supreme Court can have the final say in this matter.

Even people don't have to convene, and there is no parliamentary vote.

The Legal Interpretation Office holds a meeting behind closed doors to discuss the new situation (of course, it has to be "communicated" about the country's latest industrial support policy guidance), and then the decision can be made.

The content industry in the country is hundreds of billions of dollars every year, and the scale between legal and illegal is manipulated at a symposium.

It can be said that the research experts of the Legal Interpretation Office on Article 22 of the Intellectual Property Law are really worth a lot of money.

As soon as the hands are loosened, hundreds of billions of ash products will be whitened.

As soon as it is tightened, hundreds of billions of gray products will be blackened.

Don't say it's an ancient brave general. Even the top Internet content bigwigs like Boss Li and Prepnema have to closely follow the meeting ideas of the Legal Interpretation Office and adjust their strategic deployment in a timely manner.

Otherwise, when the country wants to turn to the "LeTV mode", you accidentally turn the wrong corner and switch to the "fast broadcast mode", then wait for jail, and your business will be ruined.

Huaxia is not without a precedent for the richest man in the country to go directly to prison - it happened just two years ago (compared to two years ago in 2010). That is, Huang Guangyu's case that was sentenced to 14 years. Huang Guangyu before he didn't go in that year was really rampant. Later, five or six years later, Wang Xlin developed, and someone on the Internet disclosed a photo of Wang pouring tea for Huang Guangyu back then. ）

……

The more knowledgeable people are, the more they know the energy and difficulty behind this matter.

Therefore, Gu Yongjiang only dared to be fascinated by this kind of thing of "leading the country to interpret the scale of the intellectual property gray area, and then exerting influence on the rhythm of the national legal policy", and never thought that he could interfere.

Now, when Feng Jianxiong made it so clear, he suddenly felt that his adrenaline was soaring.

Is this possible?

It's incredible, isn't it?

However, if you calm down and think about it.

Don't say if others can do it.

Feng Jianxiong is really possible.

In good conscience, is Feng Jianxiong the most powerful intellectual property lawyer in China?

No.

After all, more than half of his main practical ability has been accumulated by relying on the rebirth of his previous life. In this life, after getting on the right track, there are more opportunities to take on major international cases, such as the countersue Apple case. However, his actual case-handling ability is still slightly inferior to the top group of lawyers who have been immersed in intellectual property for twenty or thirty years and have a top IQ.

Squeezing all the water, Feng Jianxiong's absolute strength in fighting traditional intellectual property lawsuits is estimated to be in the top 10 among domestic lawyers.

The reason why he was able to kill Du Qiuming and others in seconds before was more because those lawsuits were "unprecedented" and extremely innovative, so that Feng Jianxiong's "visionary" golden finger could be brought into play.

Since Feng Jianxiong is not the No. 1 lawyer in China with absolute strength, his understanding of media theory, media operation, and capital operation cannot be regarded as the top in China.

However, if you ask someone who understands the three aspects of intellectual property law, media operation, and capital operation very well, and can best produce cross-circle innovation associations, then there is no doubt that there is no one in China who can compare with Feng Jianxiong.

He won on the point of "comprehensive talent".

Those who know the law better than him don't know how much room this law has for oil extraction in terms of capital and media.

People who understand capital don't know how many circuitous scales there are at the legal level.

Even, even if the two sides sit together and talk, they can't think of combining their strengths.

Because no one can be as far-reaching and penetrating as Feng Jianxiong.

"So he made the shaft famous".

General Gu Yong may not know the details of Feng Jianxiong's rebirth, so that he will overestimate Feng Jianxiong's true strength.

However, even if you only consider Feng Jianxiong's performance in the countersuit Apple case, look at him talking and laughing with the bigwigs of Google and the EFF Foundation.

Watch him lead the final interpretation of the U.S. Court of Appeals for the Federal Circuit.

Looking at his influence on the judicial interpretation of domestic rights-affirming laws and regulations through Professor Liu and Liu Kun, and looking at the views that can be used by Feng Jianxiong, they appear in the "White Paper on the Investigation of the Human Rights Situation in the United States" of the State Council.

This series of historical achievements, coupled with his presence, makes Gu Yong have to admit that this person is already the first person in China in mediating the resources of all parties and guiding the interpretation of laws related to national industrial policy.

At least, he is the first person who has no real power and only relies on mouth cannons to influence. (Those who rely on the power of the regime and their own official positions are not counted.) For example, if you compare the director of the National Development and Reform Commission with Feng Jianxiong, it will be boring. ）

……

"I can consider working with you. For the specific roadmap and timetable of the legalization process, you can first take an idea and let's discuss it.

As long as a consensus is reached, in the process of this timetable, even if there are imperfections in the rectification of station N, and you take advantage of me more, I can temporarily sue without legal means. As for the others who are slower than our schedule, we can jointly or divide the work to sue them and kill them.

However, you need to make sure that the timeline you give is realistically followed. If in the future, your promotion progress is significantly slower than the timeline you promised, and the rectification of your N station is also dragging on, then don't blame me for being business-related - I will give you a maximum of half a year of error period. ”

After careful deliberation and deliberation, Gu Yong finally confided in such a decision.

He is willing to cooperate with Feng Jianxiong.

And, in terms of the process of legal advancement, Feng Jianxiong is the leader.

Youku has also followed the pace of the national industrial policy and has become the first batch of video websites to achieve legalization.

Of course, there must be Gu Yong's calculations behind this.

He is a CFO and running and managing a website is not his specialty.

His greatest specialty is helping people raise money.

The main factor in Youku's success over the years is that it can still raise a steady stream of money despite people's huge losses.

And if the major video websites in the country need to be legalized, huge copyright purchase costs are inevitable. At that time, maybe you will have to pay hundreds of millions of yuan to each old copyright holder like TVB in a year, and there is not only one old copyright holder like B, but several, adding up to at least a billion yuan a year.

Every year, you have to spend money on new dramas and movies.

In this way, as long as the state can really strictly enforce the law and ensure that "websites that dare to steal on a large scale will be completely killed and the operators will be imprisoned", then websites with less than 3 billion yuan of available funds each year can simply close their doors and go out of business.

Small video websites will be completely blocked and killed (this is why in history, after 2014, Station B can't hold on, and it must be sold to Tengyun). At that time, the video industry will enter the pattern of competition among a few oligarchs, which will greatly reduce the number of peers.

Gu Yong will ask himself that he can "easily attract more than 3 billion yuan of investment every year", but others may not have this ability. So, he earns it, and he can survive.

Maybe the potatoes will explode and die, and the corpse will have to be sold to him. (In fact, the potatoes did explode and die later)

"Since Boss Gu is so open, he is willing to hand over the drafting power of the schedule to me first, so I'm welcome. When the time comes, if you have any opinions, I will fully listen to you. ”

Feng Jianxiong's response pulled Gu Yong back to reality from Meizizi's brain supplement.

The two chatted for a while, and Feng Jianxiong took out the draft he had actually drawn up a long time ago.

Gu Yongjiang glanced at it for a while, slightly surprised: "It is expected that the content of domestic video websites will be fully legalized in 2013?"

Hey, this is going to be a one-size-fits-all approach? In the future, no matter how others evade it, it will be counted as a commercial purpose? As long as it appears, it will be killed directly?"

That's what it means. Feng Jianxiong picked up the coffee and took a sip, as if what he said was not a matter at all.

General Gu Yong still couldn't believe it: "That means that as long as we quickly spend money, after two and a half years, no one in China can infringe on the content we bought out?"

"Exactly, you read that right. Feng Jianxiong confirmed again.

"So, his own money is enough to burn until 2013? No, it may be a bluff, right? The black money of some web games in China is indeed related to Feng Jianxiong, but he can share so much profit? These industries are not sustainable, right? Why is he gambling so much?" Gu Yong thought inwardly, calculating his and Feng Jianxiong's financing ability.

It's like a person who plays Go, facing a piece of chess pieces, calculating how many "breaths" he and the enemy have left.

After thinking clearly, Gu Yongjiang smiled and agreed: "Since you are so confident, we will do this ticket together." As long as your rectification is in line with the progress and the progress of the legal process, I can maintain peace with you and compete smoothly during this period. ”

…………

PS: A new book will be opened on Friday, "Prosperity Apocalypse 2044", this one will be updated at least until the end of the month. Please bookmark and vote for new books from Friday. I don't want to see this book have a new recommendation ticket by then.