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

"If the works are used in the following circumstances, they may not be paid to them without permission from the copyright owner. However, the name of the well-known author and the name of the work shall not infringe on other rights enjoyed by the copyright owner in accordance with this law."

What is the general situation of this sentence, if you translate it in human terms?

That is to say, if you meet the following conditions, you can watch, listen to and play other people's books, movies, TV, games, music without paying. But you still have to declare that "reprinting" and cannot even infringe on "other rights" such as signature rights. (If the author has no money to make money, at least you have to make a reputation)

This law can also be summarized in a legal term, which is called "the 'reasonable use' of copyright".

It can be said that the copyright issues caused by the free Internet dissemination have been focusing on this law for more than ten years. This is the law that has been well-deservedly used by Internet companies.

What are the situations of "rational use"?

This depends on the contents after Article 22, Paragraph 2.

"Use published works by others for personal learning, research, and the purpose of personal research."

"For the purpose of introducing, commenting... and citing appropriately in the work" (for example, those who write literary comments quote some of the original text)

“Inevitably quoted to report on news and current affairs…”

"For the purpose of scientific research on classroom teaching goods..."

"State organs are doing their official duties..."

“Books/archives/memorials are copied to preserve the version…”

The law is very long, and this article lists 13 major categories of situations (in order to avoid water, I won’t finish writing those rare situations, just be interested in Baidu)

It is precisely because of this rule that the subtitle groups and video download resources you see online often put on 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 no secondary reprinting is allowed".

Although everyone on earth knows that after downloading these things, they will be pirated and read for free, and they are not in line with "reasonable use".

But as long as you paste the text of "Article 22 of the Copyright Law" on the resource, it seems to be a protective umbrella, which really becomes "reasonable use". The website also has an excuse to successfully use the aura of wisdom reduction to pretend to be stupid:

What? You said this resource was infringed?

Oh, I'm so sorry! I didn't finish watching it during the review, so I watched it at the beginning. I thought this "Naruto" was just a video review made by the up owner himself! I didn't expect that he was copied by the original film! Oh, I'm so unconventional!

Clam? You said that the film reviews and complaints show how many 500 episodes have been? Oh, I don’t know either. Our reviewers are unprofessional, have never watched cartoons, and I don’t know how many episodes there are in the original version.

Okay, we will delete this resource immediately! And in the future, we will definitely ask more professional content reviewers to check! Make sure you don’t need temporary workers who can’t even see the low-level problem of “not even 500 episodes of Naruto”!

In this way, the website will be fine—at least before 2013, it will be fine.

Moreover, the country has condoned and acquiesced to this for many years.

After all, if you have to pay for Hollywood blockbusters and Japanese action movies, how much foreign exchange will you have to pay?

Since the adoption of the Copyright Law on September 7, 1990, this "Article 22" has almost not been revised in the 20 years since its revision.

However, the struggle surrounding this "Article 22" continues to play games in the legal world all the time.

After all, the law only says "for commercial purposes" and "is not fairly used".

But, what is "commercial purpose"?

These four words are too broad.

If the operators who disseminate resources directly collect money, it must be a "business purpose"?

But if you don’t charge money, but there are commercial advertisements on the website? Is it considered a “commercial purpose”?

Furthermore, if you have never played commercial advertisements, but just helped the up owner attract fans? Is it considered a "commercial purpose"?

What if I didn’t even suck the fans, but indulging the up owner to post "soft article videos" at one time? Is it considered a "commercial purpose"?

The "round-bending" innovation of business models is endless.

What is considered a "explanation" of "business purpose" needs to keep pace with the times.

Who will explain?

Of course it is the Supreme People-Court to explain.

At the same time, because it is just a "explanation" rather than a revision of legislation.

So the Supreme Court has the final say in this matter.

Even people don’t need to be held, and there is no Parliamentary vote.

The Legal Interpretation Office will hold a meeting behind closed doors to discuss the new situation (of course, it must be "conveyed" the country's latest industrial support policy direction), and then you can make the decision.

The national content industry with a scale of hundreds of billions of dollars in annually, the scale between legality and illegality 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 valuable.

Once your hands are loose, hundreds of billions of gray products will turn white.

Once tightened, hundreds of billions of gray industries would turn black.

Not to mention General Gu Yong. Even Boss Li and Preynima, the top Internet content tycoon, had to follow the Fashi Office's ideas on meetings and adjust their strategic deployment in a timely manner.

Otherwise, when the country wants to turn to the "LeTV mode", you accidentally turn to the "Quick Broadcast mode", then wait to go to jail, and your business will be wiped out.

China has never set a precedent for the richest man in the country to go directly to jail - it happened just two years ago (compared to the case of Huang Guangyu's sentence of 14 years in 2010. Huang Guangyu, who had not been in that year, was really rampant. Later, five or six years later, Wang xlin became well developed, and someone revealed photos of Wang pouring tea for Huang Guangyu on the Internet.)

...

The more you know the knowledge, the more you know the energy and difficulty behind this matter.

Therefore, Gu Yong would only be fascinated by the fact that he "leads the country to explain the scale of the gray area of ​​intellectual property rights and then exerts an influence on the rhythm of the country's legalization policy", but never thought that he could interfere.

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

Is this possible?

It's too incredible?

But if you calm down and think about it.

Don't say whether others can do it.

It is really possible for Feng Jianxiong.

By conscience, is Feng Jianxiong the most awesome intellectual property lawyer in China?

no.

After all, most of his main practical ability has been accumulated by his previous rebirth. In this life, he has more opportunities to take on international major cases, such as counter-claim Apple. However, his actual case handling ability is still slightly inferior to that of the top ones, who have been focused on intellectual property for 20 or 30 years and have a top IQ.

After squeezing all the water, Feng Jianxiong's absolute strength in fighting a traditional intellectual property lawsuit is probably not 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 the lawsuits were "unprecedented" and extremely innovative, so that Feng Jianxiong's "foresight" golden finger could be used.

Since Feng Jianxiong is not considered the most powerful lawyer in China, his understanding of media theory, media operations, and capital operations is even worse than that of the top in China.

However, if someone is asked to know all about intellectual property law, media operations, and capital operations, and can best generate cross-circle innovation associations, then there is no doubt that no one in China can compete with Feng Jianxiong.

He wins because of the "comprehensive talent".

Those who know the law better than him don’t know how much oil pressing space this law can be squeezed in capital and media.

People who understand capital do not know how many roundabout standards there are still in the legal level.

Even if both sides sit together and talk, they will never think of combining their strengths.

Because no one can achieve Feng Jianxiong's insightful and comprehensive understanding.

"So that makes the prince famous."

General Gu Yong may not know the background of Feng Jianxiong's rebirth, so he will be even more overestimated about Feng Jianxiong's true strength.

However, even if you only consider Feng Jianxiong's performance in the counter-claim Apple case, you can watch him chat and laugh with the big guys of Google and Eff Foundation.

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

It seems that he has influenced the judicial interpretation of domestic rights confirmation laws through Professor Liu and Liu Kun, and the views that can be used by Feng Jianxiong appear in the White Paper on the Investigation of the Human Rights Status of the United States by the State Council.

This series of historical achievements, coupled with his presence, forced Gu Yongjiang to admit that this person is already the first in China in mediating resources from all parties and guiding the relevant legal interpretations of national industrial policies.

At least, it is the first person among those who have no real power and are influenced by only verbal tricks. (Those who rely on the power and their own official positions are not included. For example, it would be boring to compare with Feng Jianxiong with the director of the National Development and Reform Commission.)

...

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

As long as we reach a consensus, in the process of this timetable, even if the n station currently has incomplete rectification and you take advantage of me, I can file a lawsuit without legal means for the time being. As for other slower than our process table, we can jointly or divide the labor and sue them and kill them.

However, you must ensure that the schedule you give is implemented effectively. If your promotion progress is obviously slower than the schedule you promised, and your rectification of stations will also be delayed, then don’t blame me for doing business - I will give you an error period of at most half a year.”

After repeated preparations and deciding, Gu Yong finally revealed such a decision.

He is willing to cooperate with Feng Jianxiong.

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

Youku has also become one of the first video websites to achieve authenticization with the pace of national industrial policies.

Of course, there must be the plan behind this.

He is from CFO and operates and manages websites, so he is not his specialty.

His biggest expertise is to help others raise funds.
To be continued...