The copyright of black hole pictures belongs to Visual China? When a question arises, it causes a great disturbance. At about 15 p.m. on April 11, the Central Committee of the Communist Youth League issued a microblog saying, Is the copyright of the national flag and emblem also yours? And @ Visual Chinese Images, the visual China to the forefront of public opinion, for a time, the issue of photo copyright caused heated discussion.
Visual China responded to the black hole photo incident on its official microblog after the Central Committee of the Communist Youth League released the microblog. Visual China said that the photo authorization is not exclusive, and other media and photo institutions have also been authorized. But the picture can only be used for news editing and dissemination according to the copyright owners request, and can not be used as a commercial category without permission. In the evening, the official microblog apologized again for the incident of the national flag and emblem pictures. Irregular pictures of the national flag and emblem are provided by the contributors and have been offline.
In order to understand the impact of the black hole copyright incident on visual China, a reporter from the Beijing News addressed the relevant person in charge of TV perception in China. The other side said, The official reply shall prevail.
At about 8 p.m. on the 11th evening, reporters found that the Visual China website had been unable to open.
On April 11, the Tianjin Internet Information Office interviewed the Visual China website overnight in accordance with the law, ordering the website to stop illegal acts immediately and completely rectify them. In this regard, Visual China once again issued an apology letter, expressing its willingness to shut down the website and carry out rectification in accordance with relevant laws and regulations, and voluntarily accept the treatment of Tianjin Internet Information Office.
TIANJIN NETWORK COMMUNICATION OFFICE INTERVIEW WITH VISUAL CHINA NETWORK LAW ONE NIGHT
On April 11, in view of the situation of disseminating illegal and harmful information on visual Chinese websites, the Tianjin Internet Information Office interviewed the website administrator according to law and ordered the website to stop the illegal and illegal acts immediately and completely rectify them.
After investigation, the visual Chinese website (domain name is vcg.com) publishes sensitive and harmful information annotations in many pictures it publishes, causing a large number of online forwarding, destroying the network ecology and causing adverse effects. These acts violate the relevant provisions of the Law on Network Security and the Measures for the Administration of Internet Information Services. According to the Regulations on Administrative Law Enforcement Procedures for Internet Information Content Management, the Tianjin Internet Information Office interviewed the person in charge of the website according to law, ordered the Visual China website to stop transmitting relevant information immediately, took measures to eliminate adverse effects, and kept relevant records. It is required to fulfill the responsibility of the main body of the website, strictly deal with the relevant responsible persons, and thoroughly check the historical stock information. At the same time, the website is required to strengthen the content audit management and the education and training of editors, so as to prevent similar problems from happening again.
The head of Visual Chinas website said that there were serious problems in the management of the platform, and it would be completely and thoroughly rectified. During this period, the website would be temporarily shut down, strictly abide by relevant laws and regulations, and consciously accept the supervision of the society and netizens.
Visual China: Voluntary Closure of Websites and Reform
Visual China issued a rectification notice in its official Wechat. Visual China website, which was reported by netizens, has some irregular pictures about the national flag, national emblem and so on. The company attaches great importance to it and immediately carries out self-examination. After checking, the picture was provided by Visual China Contractors. Visual China, as a platform party, did not strictly implement the main responsibility of the enterprise, did not fulfill the responsibility of strict auditing, resulting in the appearance of irregular content on the Internet. These problems expose the weaknesses in the management of Visual China, for which Visual China apologizes. At present, the company has taken measures to deal with all non-conforming pictures offline, and voluntarily shut down the website in accordance with relevant laws and regulations to carry out rectification, further strengthen enterprise self-discipline, strengthen system construction, improve the quality of content auditing, and avoid similar situations happening again. Thank you again for the supervision of the netizens and the media. The company will learn lessons and conscientiously rectify and voluntarily accept the treatment of the company by Tianjin Internet Information Office in accordance with the law and regulations.
The Communist Youth League Central Blog Positive Gang Visual China, Suning, Baidu and other companies follow up
On April 10, humans released their first black hole photograph, which was extraordinarily meaningful. It provided direct visual evidence of the existence of black holes and took two years to develop.
It was such a meaningful picture that it appeared in the photo copyright Library of Visual China the next day. A picture entitled Dont misuse the public number of the black hole, the copyright comes from visual China has been widely disseminated on the Internet.
Visual Chinas first instructions on the use of black hole photographs.
In response to the inclusion of the first black hole photo of human beings in Visual China, Visual China Image issued a microblog statement saying that the black hole photo belongs to Event? Horizon? Telescope, and Visual China obtains authorization for editorial use through its partners. This photo authorization is not exclusive, and other media and photo agencies have also been authorized. However, the picture can only be used for news editing and dissemination according to the copyright owners requirements, and can not be used as a commercial category without permission. Commercial use generally includes advertisements, promotions and other use scenarios. Visual China does not have the right to commercial use of the picture. If it is used for commercial purposes without authorization of the copyright owner, there may be risks.
In addition to the copyright of black hole photos, there are media explosions on visual Chinese websites, as well as Chinese flag, national emblem and other pictures. Even then, it attracted questions from the Central Committee of the Communist Youth League.
At about 15 p.m. on April 11, the Central Committee of the Communist Youth League issued a microblog saying, Is the copyright of the national flag and emblem also yours? And @ Visual Chinese image, with IDVCG11388025138 national emblem picture and IDVCG11388025187 five-star red flag picture. The picture under the national emblem indicates that this picture is a price-limited picture, which is used for the content of internal language (newspapers, websites, magazine pages) not less than 150 yuan. Five Star Red Flag Picture Right/Property Right Description: No right to portrait or ownership of the person, this picture is an edited picture, if used for commercial purposes, please call.... On the two pictures, the ID of Visual China stands out.
In response to the sale of flag and emblem pictures, on the evening of November 11, Visual China issued an apology statement through its official microblog, and offline processing of relevant pictures. Statement @Communist Youth League Central Committee said, Visual China website reported by netizens on the national flag, national emblem and other irregular pictures, after checking the picture provided by Visual China Contractors, Visual China as a platform bears the responsibility of lax review, for which I apologize! We have offline the non-conforming pictures, and will continue to strengthen the audit according to relevant laws and regulations to avoid similar situations. Thank you for your supervision!
In the comments of the Central Committee of the Communist Youth League, the official micro-blog accounts such as Nanjing Suning, Baidu, Phoenix, 360 Cleaning Master, Sina Game, Jiang Xiaobai, Lenovo Service, Guizhou Maotai, Jianlibao Sports Beverage and so on have followed up one after another. Among them, Shuangfeng Integrated Kitchen said in the comments of the micro-blog, My picture of Shuangfeng is also visual? Im not authorized! Zhang Yingfa, founding managing partner of Jingwei China, said on Weibo, The world is yours and ours, but in the final analysis it is visual China.
In response, Mr. Ge told the Beijing News that, according to Article 3 of the Copyright Law of China, if the picture is a logo taken by other enterprises in visual China, it should belong to the category of photographic works, and visual China enjoys copyright in the picture. Pictures of other companies displayed on the Visual China website indicate: ... No right to portrait or ownership of a person... This picture is an edited picture.... On the one hand, because the picture is completely imitated other enterprise logo and produced, because of the lack of originality, visual China does not have copyright to its so-called edited pictures. On the other hand, in the absence of libel, there is no infringement of the right to portrait or ownership of the editorial pictures used in the news media. But Visual China is clearly suspected of infringement if it sells the picture for commercial purposes without obtaining consent.
Lawyer: It is harmful to the dignity of the national flag and emblem to use the national flag and emblem as a price limit map.
Copyright disputes are unavoidable problems in the development of visual China. A well-known domestic commercial photographer told reporters that the copyright market of domestic photo galleries is not as good as that of overseas standards. Private monopoly of photographs and other chaotic phenomena are more common, which creates obstacles to copyright protection.
According to the investigation data of enterprises, there are 138 lawsuit disputes involved in visual China, and most of the cases are disputes about infringement of the right to disseminate information on the network of works.
Yesterday, a head of a Chinese brand dealer told reporters that his poster used black hole photos, but did not pay copyright, but was directly PS by its designers.
The aforementioned well-known commercial photographer told Xinjing News that Visual China is a sales platform, its main role is to facilitate the transaction between photo copyright owners and users who want photos. For the national emblem and flag incident, visual China, as a platform, is responsible for the lack of supervision, but this does not mean that visual China is a seller.
In response, lawyer Ge, a well-known law firm in Beijing, said that the act of using the national flag and emblem as a Price-Limiting picture is harmful to the dignity of the national flag and emblem. Article 18 of the National Flag Law stipulates that the national flag and its patterns shall not be used as trademarks or advertisements, nor for private funeral activities. Article 10 of the National Emblem Law stipulates that the national emblem and its designs shall not be used in: (1) trademarks and advertisements; (2) furnishings of daily life; (3) private celebration and hanging activities; (4) the general office of the State Council stipulates that the national emblem and its designs shall not be used in other occasions.
According to BiaNews, Visual China responded that unauthorized use of pictures is so serious that few self-Media will come to us for reasonable authorization. Picture content industry has been changing rapidly in recent years. The people who used pictures before are relatively large traditional media. After the appearance of Wechat Public Number, a large number of content entrepreneurs appeared. Everyones professionalism is not high, and the awareness of picture copyright is very weak. Understand the pains of the self-media, but in any case unauthorized use of pictures is very serious.
The gross profit rate is 63.73%. Visual China is based on copyright.
Visual China, backdoor Far East shares listed on the main board in 2014.
Founder Securities Research Visual China? 82 pages in-depth report: based on the local market, build a global visual content trading service platform shows that Visual China is Chinas first Internet copyright photo trading platform, industry pioneer and leader. At present, the company is mainly engaged in to? B business, serving domestic mainstream advertisers and large media; at the same time, it strengthens market development and taps business opportunities of new media, enterprise customers and C-end users. The company mainly relies on its core platform vcg.com (Visual China Official Website) to provide users with authentic visual materials and related services. The target customers can be roughly divided into four categories: advertising, media, enterprises and Internet platforms.
Visual China Annual Report 2017 shows that the rapid growth of visual China is mainly due to the surge in demand for pictures and videos. At the same time, technologies such as big data, artificial intelligence, block chains have exerted tremendous influence on content production, content dissemination, copyright protection and other aspects of the industry. The company has developed Eagle Eye (Image Copyright Network Tracking System), which can track the use of pictures owned by the company on the network, better lock potential customers and meet their needs, achieve accurate marketing, greatly reduce the cost of customer acquisition, and achieve a substantial increase in the number of customers. During the reporting period, the number of potential customers found through Hawk Eye increased by more than 84% compared with the same period last year, and the number of new annual agreement customers through Hawk Eye increased by more than 54% compared with the same period last year.
From the beginning of 2018 to the end of this report, the third quarterly report of 2018 shows that from the beginning of 2018 to the end of this report, the operating income of visual Chinas merger level was 7.12 million yuan, and the net profit attributable to shareholders of listed companies was 22.06 million yuan, which accounted for 81.81% of the total income of listed companies? The core business of the company is visual content and service? The operating income of the company is 57.36.69 million yuan, an increase of 34.48% Easts net profit was 23.223 million yuan. It is noteworthy that a certified public accountant who has worked for more than ten years said to Xinjing News that the revenue from the main business includes the revenue from copyright disputes.
The gross profit rate is 63.73%, the total market value is as high as 196.2 billion yuan in visual China, Chengye copyright, lost copyright.
From selling pictures to litigation sniping? Why is the picture library deformed?
In retrospect, the development of graphic database Websites mainly based on Visual China and Panorama. Their early profit models were mainly selling maps, but now they have transited to the profit model centered on copyright litigation.
The copyright problem of pictures and fonts in advertising companies originated from the double micro operation (micro-blog and micro-letter) which was in full swing around 2012. At that time, most advertising companies undertook the double micro operation of large customers, and the number of single big customers using pictures was about 100 per month. Most of these pictures come from galleries, while the license of domestic galleries is mainly from Getty? Images, which is more creative than visual Chinese pictures.
About 2013, Visual China and Panorama began to sue corporate customers for the infringement of double micro-use pictures. Corporate customers entrusted advertising companies to solve the problem. The usual solution is that advertising companies pay hundreds of thousands of dollars to buy the copyright of pictures. The infringed pictures were previously counted as legal purchases. At that time, the Tuku website mainly sold pictures, because the technology was not mature at that time, judging whether the infringement was identified by the human eye, and the cost of safeguarding rights was relatively high, an advertising company executive told the Beijing News. This was the reason why the gallery website was based on sales and supplemented by safeguarding rights.
With the development of image tracking technology, such as Eagle Eye, it is easy to protect the rights of pictures. Whether or not the pictures are cut or modified, as long as the only identification code is used, the infringed pictures can be found. In addition, Tuku website gradually found that a sales effort to maintain the annual flow of customers, basically the same profits as a copyright lawsuit, the copyright war began to intensify.
In the past, the sales department would also take into account the cooperative relationship and intervene in the prosecution of the Ministry of Justice. Later, they found that defending rights was more profitable than selling maps. The Ministry of Justice became very strong, and the sales department no longer maintained customers, said the executive of the advertising company.
Pictures used by galleries to sue for rights protection go back even to the time when microblogging was just established, when copyright was relatively chaotic in China, and even then copyright was traced back, which made advertising companies feel a little harsh.
At present, with the suspension of dual micro operations in enterprises, the profits of the Tuku website in safeguarding rights have also declined sharply.
A photography teacher from 985 University told the Beijing News that the Tuku Company theoretically relies on the authorization of the Tuku to make profits. Copyright litigation is a means of safeguarding rights and marketing. Todays events have fermented to the present stage. He believes that the over-safeguarding of rights and counterfeit copyright are the incentives for the libraries represented by Visual China.
He also said that the library is actually a better way to protect the copyright of pictures, which should not be denied. The main reason is that there are too many individuals providing copyright and using copyright. It is unrealistic to conduct one-to-one copyright trading, so there is such a collective approach. The gallery can also be divided into public copyright, shared copyright or exclusive copyright and other forms.
Music and text copyright also have this form, similar associations such as Phonetic Writing Association, Phonetic Collection Association, Literary Writing Association and other associations will act as agents for memberscopyright fees and other businesses.
The photography teacher pointed out, There have been many similar rights protection lawsuits before, but the target of attack is not as large as the self-Media group, nor the self-Media such a voice. Of course, there is no such act of counterfeiting copyright.
New Beijing News reporter Zhang Yantao, editor of Platinum Lei Liang Chen, proofread Wu Xingfa
Black Hole Photographs Rise Up, Copyright Protection Dont Make Money Black Hole
This is undoubtedly a big news. On April 10, the first black hole photos of human beings were released simultaneously in six places around the world. Although this photo is still a little blurred, it is a big step forward in human scientific exploration. There are many people who use it and forward it.
However, peoples smiles soon solidified. Some Netizens found that the black hole photos on the photo companys visual Chinese website also indicated that if this picture is used for commercial purposes, please call or consult the customer representative, while the customer service also said to the media that the black hole photos are only for the use of qualified news media, personal or self-Media use in such platforms as Wechat Public Number will have copyright risks, and unauthorized use is not recommended.
In fact, there is nothing wrong with picture companies protecting the copyright of picture works. In Chinas Copyright Law, Tort Liability Law and Implementing Regulations of Copyright Law, there are clear norms for photo works, ownership of photo works, use of works, liability for infringement, etc. If the right to use unknown pictures for commercial purposes or to disseminate pictures of others on the Internet without signing the copyright owner, it may infringe upon the copyright of others or the transmission of information on the Internet. Broadcasting rights should bear corresponding legal responsibilities. Strictly speaking, unless authorized by the copyright owner, the violation of the law can be avoided.
If the photo company has been exclusively authorized to use and disseminate without its permission, it may indeed constitute infringement. The problem is that some photo companies, like copyright owners, are themselves not authorized exclusively. For example, the copyright owner of the black hole photo, the European Southern Observatory, which triggered the copyright storm, had previously posted on its official website that the use of the photo was free of charge and that it only needed to present complete images or materials to all users in a clear and readable manner, without modifying the wording. This excludes the possibility of any middleman earning the difference. This also means that the so-called copyright declaration of some photo companies has actually constituted a violation of the copyright of others.
In fact, the copyright storm of black hole photos is only a microcosm of the current image industry chaos. Over the past 40 years of Chinas reform, although with the rapid development of market economy and the establishment of intellectual property protection laws and regulations, problems such as selling dog meat by hanging sheeps head are not uncommon in practice. Some photo companies wield the sticks of copyright laws and regulations for commercial profit, some buy pictures cheaply on foreign websites and rip off at home, and others touch porcelain again and again by taking advantage of their own free pictures, so that many individuals and institutions who normally use pictures take the blame. It seems to be the copyright protection of the university, but in fact it is fattening oneself and harming others, which not only infringes on the real rights and interests of the copyright owners, but also endangers the continuation of civilization and affects the healthy development of the whole media ecology.
Some media and corporate logo pictures, including Baidu, Phoenix and Haier, are also regarded as their own copyright pictures. Even some artistspromotional photos are included in their pockets and priced from the ground, which will not be protected or stamped and sold for their own works. The various practices of photo companies are not only tasteful, but also magnificent. The legal boundary, turning copyright protection into a means of enrichment, has long departed from the original intention of copyright protection.
Nowadays, China, suffering from public opinion, has issued a statement apologizing for the irregular pictures of the national flag and emblem on the website, saying that as a platform, it is responsible for lax auditing, it has offline processed the irregular pictures and it will continue to strengthen auditing in accordance with relevant laws and regulations. In fact, what should be paid for is not only the lax audit as the responsibility of the photo platform, but also the sense of rule of law that has been diluted by commercial ambition. From legislation to law enforcement and judicature, we should also face up to and regulate the copyright chaos in the photo industry and stop its black hole of abusing rights.
Wen/Yang Chen (Scholar)
Source: New Beijing Daily Responsible Editor: Yao Liwei_NT6056