| With the popularity of mobile phones and 5G networks,there is a rapid increase in the number of videos without location selection or post-editing,such as Douyin short videos,square dance teaching videos,online course recording videos,etc.The repeated screening of these videos has brought huge economic value to the relevant subjects.In the view of China’s Copyright Law,these videos are regarded as video products because they fail to meet the standard of "originality" and are only protected by neighboring rights.However,the economic value of video products in our country is often generated in its projection stage,and the lack of projection right in the existing neighbor right system makes video products encounter the dilemma of interest distribution,which is not conducive to the orderly dissemination of video products.It is reasonable to add projection right to video producers under the current copyright law system.First,at the object level,the value of a video comes from the content of the video,which does not require "originality".For example,the recording and projection of natural scenery and objective events also bring great value.At the same time,in the revision process of Copyright Law(2020),"audio and video recording products" and "audiovisual works" were once merged,indicating that the boundary between the originality of video recording products and audiovisual works is being blurred.Secondly,based on the right system,copyright recognizes the labor of video producers and sets up corresponding neighboring rights for them.Among them,the rights of "copying","distributing" and "renting" are to guarantee the rights of video producers by controlling the storage medium of video products under the background of traditional technology.But the development of technology has made the transmission of video products no longer dependent on the storage medium;However,"communication to the public through information network" can only be applied to information network disseminators,and can not regulate the terminal projectors who really produce value.Finally,the extraterritorial legislation also provides a useful reference for video producers to add the right to broadcast.For example,France has the "right to show video products" directly,while Germany does not have the "right to show video products" in copyright,but has the "moving picture" with similar connotation,and gives it the right to show the subject.However,in common law countries,there is no distinction between works and video products,both of course enjoy the right of projection.To sum up,it is suggested to perfect Paragraph 1 of Article 44 of the Copyright Law as follows: "Producers of sound recordings and video recordings shall have the right to license others to reproduce,distribute,rent,project,disseminate to the public through information networks and receive remuneration for their sound recordings and video recordings." Based on this,when others show the video without permission,it constitutes the infringement of the video producer’s projection right. |
