Viewpoints | A brief analysis of the copyright involved in network rebroadcasting
Published:
2023-11-17
Customer consultation, there is an account in Little Red Riding Book, which only broadcasts the video of NASA's space station perspective live broadcast of the earth. The video NASA has clearly stated that it provides permission and anyone can use it reasonably. In this case, Little Red Riding Book repeatedly prompted the account for violations and asked for the content to be removed from the broadcast. In this regard, try to analyze such as the text.
Background
Customer consultation, there is an account in Little Red Riding Book, which only broadcasts the video of NASA's space station perspective live broadcast of the earth. The video NASA has clearly stated that it provides permission and anyone can use it reasonably. In this case, Little Red Riding Book repeatedly prompted the account for violations and asked for the content to be removed from the broadcast. In this regard, the trial analysis is as follows:
First of all, according to the problem description, NASA has clearly stated that it provides permission for anyone to reasonably use its live Earth video. This means that within the legal framework, anyone has the right to use these videos, as long as they are used in a way that conforms to the principle of "fair use. Therefore, from this perspective, opening an account on Little Red Riding Book and rebroadcasting these videos does not constitute infringement.
However, we need to further explore whether these videos have copyright. According to my country's copyright law, copyright is the exclusive right of the author or other copyright owners to literary, artistic and scientific works in accordance with the law. Copyright, including personal rights and property rights, is an exclusive right. For the copyright of a work, the author must meet the following conditions:
The works must be literary, artistic and scientific;
The work must be original;
The work must be reproducible.
For NASA's space station perspective live video of the earth, first of all, they are about the earth's image records, with scientific and artistic value; secondly, because these videos are taken by NASA astronauts in space, with originality; finally, These videos can be copied and disseminated through the information network. Therefore, it can be considered that these videos meet the requirements of copyright law and NASA has the copyright.
However, there is a key issue here is that even though NASA has the copyright on its live Earth videos, they also state that anyone can reasonably use these videos. This means that anyone has the right to use these videos under the premise of "fair use. In China's copyright law, "fair use" generally includes personal use, teaching use, news report use, scientific research use and so on. Therefore, if the customer opens an account on Little Red Riding Book and rebroadcasts these videos for the purpose of personal appreciation, teaching, news reporting or scientific research, then this behavior is "fair use" and does not constitute infringement.
Of course, as Little Red Riding Book or such platforms, for the purpose of strict control or risk avoidance, it is very correct and necessary to require authorization when broadcasting other people's works, otherwise joint infringement is extremely easy to occur. Moreover, as a platform, it is not the relevant administrative or judicial organ, which has no right to make the conclusion of infringement or non infringement of the broadcasting act, let alone whether the broadcasting act is only for the purpose of human appreciation, teaching, news reporting or scientific research, and constitutes "reasonable use". Therefore, in the absence of authorization, it is appropriate and understandable to prompt the customer's account for violations.
Conclusion
Based on the above analysis, we can draw the following conclusion: whether it is infringing to open an account on the Little Red Riding Book and rebroadcast NASA's space station view live video of the Earth depends on NASA's permission statement and the customer's rebroadcast purpose. If the customer rebroadcasts these videos for the purpose of personal appreciation, teaching, news reporting or scientific research, and conforms to the principle of "fair use", then this behavior does not constitute an infringement, otherwise, it should be suspected of infringement. At the same time, because NASA has copyright on its live Earth video, customers should comply with the provisions of copyright law and NASA's license statement when using these videos.
Recommendations
To ensure that it is not infringing to open an account on Little Red Book and rebroadcast NASA's space station perspective live Earth video, customers should:
Before using these videos, carefully read NASA's permission statement to ensure that you understand the restrictions and conditions of use;
Use these videos under the premise of "fair use" to avoid commercial use or for illegal purposes;
If further use of these videos is required, such as for commercial purposes or for secondary creation, formal authorization from NASA should be obtained in advance or in accordance with applicable laws and regulations;
In the use of these videos, should respect and indicate the source, not false propaganda or misleading others.
In short, the use of other people's works should comply with the relevant laws and regulations and respect the rights and interests of the original author. The reasonable use of others' works within the framework of the law is allowed, but the relevant provisions shall be observed and the source shall be indicated.
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