Perspective | Suggestions for Rights Protection Against Short Video Copyright Infringement by Linking
Published:
2025-07-25
With the rise of original short videos on platforms like Douyin, Toutiao, and Tomato, and the increasing use of links in these videos to drive traffic to live streams, more and more MCN companies are investing heavily in pre-streaming videos. This requires not only good copywriting, creativity, actors, filming, and editing, but also significant investment in traffic acquisition. However, there have been numerous cases of these promotional short videos being stolen, with others replacing the links in the videos with links to other similar live streams, diverting consumers to their own live streams and guiding them to make purchases, thus gaining substantial illicit profits. Regarding whether such acts constitute infringement, how to protect rights, and how to prevent such acts in the future, the author offers the following suggestions for reference.
With the rise of original short videos on platforms like Douyin, Toutiao, and Tomato, and the increasing use of links within these videos to drive traffic to live streams, more and more MCN companies are investing heavily in pre-streaming videos. This requires not only good copywriting, creativity, actors, filming, and editing, but also significant investment in traffic generation. However, there have been numerous cases of these traffic-generating short videos being widely plagiarized, with others replacing the links in the short videos with links to other similar live streams, diverting consumers to their own live streams and guiding them to make purchases, thus gaining substantial illicit profits. Regarding whether such acts constitute infringement, how to protect rights, and how to prevent such acts in the future, the following suggestions are provided for reference.
I. Infringed Rights: The act of others plagiarizing original short videos and changing the links primarily infringes on the rights holder's Copyright (including the right of information network dissemination, the right to protect the integrity of the work etc.), and may also constitute Unfair Competition (damaging the rights holder's commercial interests and market order).
II. Avenues for Rights Protection: The rights holder can, through copyright infringement lawsuits and unfair competition lawsuits, demand the cessation of infringement and compensation for losses; they can also complain to short video platforms (requesting the deletion of infringing content and disconnection of links) or report to copyright administrative departments (administrative investigation and punishment); if the platform fails to fulfill its due diligence obligations, it can be held jointly and severally liable.
III. Preventive Measures: Through copyright registration to establish ownership, digital watermarking /identification to prevent plagiarism, contractual agreements to clarify link permissions, utilization of the platform's original protection tools to monitor infringement, and building a risk prevention system of "law + technology + operation".
Specific Analysis
I. Determination of Infringed Rights
1. Copyright Infringement: Original short videos, as "audiovisual works," are protected under the Copyright Law
According to Article 3 of the Copyright Law of the People's Republic of China (2020 Amendment), "audiovisual works" are protected under copyright law. If an original short video possesses "originality" (such as creativity in aspects like screen editing, sound combination, and content arrangement), then the rights holder enjoys copyright, including personal rights (right of attribution, right to protect the integrity of the work) and property rights (right of information network dissemination, right of reproduction, right of distribution, etc.).
· Right of Information Network Dissemination: Without permission, uploading the short video to the network (such as Douyin), allowing the public to access it at a selected time and place, violates Article 10, Item 12 of the Copyright Law, which is the "right of information network dissemination, namely the right to provide works to the public via wired or wireless means, enabling the public to obtain the works at their selected time and place."
· Right to Protect the Integrity of the Work: Changing the link in the short video constitutes modifying the content of the work (the link is a core element guiding user traffic, belonging to the "expression part" of the work), destroying the integrity of the work, and violating Article 10, Item 4 of the Copyright Law, which is the "right to protect the integrity of the work, namely the right to protect the work from distortion and alteration."
2. Unfair Competition: Damaging the rights holder's commercial interests and market order
According to Article 2 of the Anti-Unfair Competition Law of the People's Republic of China (2019 Amendment), "operators shall follow the principles of voluntariness, equality, fairness, and good faith in production and operation activities, and abide by laws and business ethics." Others plagiarizing short videos and changing links, diverting the rights holder's traffic to their own live stream, constitutes "free-riding," damaging the rights holder's business opportunities (such as live stream sales, advertising revenue) and market competitiveness, violating the principle of good faith, and constituting unfair competition.
II. Avenues for Rights Protection and Legal Basis
1. Civil Litigation: Combined lawsuit for copyright infringement and unfair competition
· Copyright Infringement Lawsuit: According to Article 54 of the Copyright Law, the rights holder may request the infringer to cease infringement and compensate for losses (including actual losses, infringing income, or statutory compensation, up to 5 million yuan), and bear reasonable expenses (such as lawyer fees and evidence collection fees). If the infringer refuses to provide the infringement accounts, the court may determine the amount of compensation based on the rights holder's claim (Article 54, Paragraph 2 of the Copyright Law).
· Unfair Competition Lawsuit: According to Article 17 of the Anti-Unfair Competition Law, the calculation method for the amount of compensation is similar to that of copyright infringement. If the actual losses or infringing income are difficult to determine, the court may order compensation of up to 5 million yuan (Article 17, Paragraph 4 of the Anti-Unfair Competition Law).
2. Platform Complaints: Requesting the platform to take measures such as "deletion and disconnection of links"
According to Article 14 of the Regulations on the Protection of Information Network Dissemination Rights (2013 Amendment), the rights holder may submit a written notice to the platform (including the rights holder's information, the address of the infringing content, and preliminary evidence), requesting the deletion of the infringing short video or disconnection of the link. If the platform "knows or should know" of the infringement (such as notification by the rights holder) but fails to take measures, it shall bear joint and several liability with the infringer (Article 45 of the E-commerce Law).
3. Administrative Reporting: Requesting the copyright administrative department to investigate and punish
According to Article 56 of the Copyright Law, the copyright administrative department may investigate and punish infringement (such as ordering the cessation of infringement, confiscating illegal gains, and imposing fines). If the platform refuses to provide user information without justifiable reason, it may be warned or have its equipment confiscated (Article 25 of the Regulations on the Protection of Information Network Dissemination Rights).
III. Preventive Measures: Building a "Law + Technology + Operation" System
1. Legal Level: Establishing ownership and clarifying permissions
Copyright Registration: Apply for short video copyright registration with the China Copyright Protection Center to obtain a "Copyright Registration Certificate" as proof of ownership (Article 11 of the Copyright Law).
Contractual Agreements: When signing contracts with partners (such as MCN agencies and advertisers), clearly define the ownership of the short video copyrights (such as "the rights holder retains all copyrights") and the permissions for link usage (such as "without the written consent of the rights holder, the link may not be modified or replaced").
2. Technical Level: Preventing Misappropriation and Tampering
Digital Watermark/Identification: Embed an unalterable digital watermark (such as the rights holder's name, ID) or unique visual identification (such as logo, special effects) in the short video to improve work recognition and facilitate subsequent evidence collection (such as proving the consistency between the infringing video and the original work).
Link Encryption: Use dynamic links or encrypted links (such as time-limited links, user-exclusive links) to increase the difficulty of link tampering (such as links becoming invalid and needing to be regenerated to prevent others from using them for an extended period).
3. Operational Level: Utilizing Platform Tools to Monitor Infringement
Platform Original Protection: Enable the "original protection" function on platforms such as Douyin (such as Douyin's "copyright complaint" and "content recognition" systems) to monitor infringing videos on the platform in real-time, receive infringement notifications promptly, and file complaints.
Regular Monitoring: Monitor short video platforms across the internet using third-party tools (such as Rights Protection Knight, Easy Insurance) and, upon discovering infringement, promptly secure evidence (such as screenshots, notarization) to prevent evidence loss.
IV. Practical Difficulties and Countermeasures
1. Determining the Infringing Party: If the infringing party is an anonymous user or a small account, you can request the platform to provide user information (Article 25 of the "Information Network Dissemination Rights Protection Regulations"). If the platform refuses, you can report to the copyright administrative management department and request investigation and action.
2. Calculating the Amount of Compensation: If actual losses or infringing gains are difficult to prove, the following evidence can be provided to claim statutory compensation: (1) The number of plays, likes, and forwards of the original short video (to prove the value of the work); (2) The number of plays and live stream sales of the infringing video (to prove the scale of infringement); (3) The rights holder's advertising revenue and live stream commissions (to prove commercial losses).
3. Holding the Platform Accountable: If the platform fails to take action after receiving notification from the rights holder, the platform can be included as a joint defendant, and it can be required to bear joint and several liability (Article 45 of the "E-commerce Law"). Evidence of notification must be retained (such as emails, platform complaint records).
V. Summary
The misappropriation of original short videos and the replacement of links not only infringe on the copyrights of the rights holder but also disrupt the market competition order. Rights holders should use multiple methods for rights protection, including "civil lawsuits + platform complaints + administrative reports," and prevent risks through "copyright registration + digital watermarks + contractual agreements." Platforms need to fulfill their review obligations under the safe harbor rule , promptly handle infringement complaints, and jointly maintain the healthy development of the short video ecosystem.
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