Tiktok video can make a fortune: the new Copyright law

by Emma Qian

One of the highlights of the amended Copyright Law that is due to come into force on June 1, 2021, is the introduction of the term “audiovisual works (视听作品)” in replacement of “cinematographic works (电影作品)”.

This seemingly simple change in terminology may bring huge benefits to the game live broadcast industry and the short video industry.

What are the differences between “audiovisual works (视听作品)” in replacement of “cinematographic works (电影作品)”?

Audiovisual works, as the name suggests, has two main elements: audio (听) and visual (视). To explain from a textual perspective, audiovisual works are works that bring sensory experience from both visual and auditory aspects. 

The 2014 "Copyright Law of the People's Republic of China (Revised Draft for Review)" provides the concept of “audiovisual works”:

"Works that consist of a series of images, with or without sound, and are screened or disseminated in other ways with the help of technical equipment".

However, this definition was deleted from the new Copyright Law, so it is now for reference only. The judicial practice will have to fill this gap by defining what constitutes an “audiovisual work”.

Regardless, “audiovisual works” is a copyright term that is in line with international trends.

The ISAN standard defines an audiovisual work as a work consisting of a sequence of related images, with or without accompanying sound, which is intended to be made visible as a moving image through the use of devices, regardless of the medium of initial or subsequent fixation.

It is generally understood that audiovisual works, being a broader concept, include cinematographic works and other works that can hardly fit in the category of cinematographic works, such as TikTok videos.

What changes will this amendment bring?

Before the amendment of the Copyright Law, the art industry had been advocating a broader and more explanatory term for audiovisual works other than films.

A famous Chinese film director Jia Zhangke, who attended the Second Session of the 13th National People's Congress, was one of those voices. He believed that the introduction of “audiovisual works” would do better in protecting the copyrights of audiovisual works in other forms, including some new media works. 

Based on his professional knowledge and industry experience, Jia Zhangke has always called on the Copyright Law to include directors, screenwriters, and composers into the category of copyright owners.

The development of the internet has brought many issues to the copyright field, and the amended Copyright Law will try to respond to these challenges.

It is understood that in the current trial of intellectual property cases, the number of copyright cases accounted for more than two-thirds, while online copyright cases accounted for two-thirds of copyright cases.

How such changes affect the new media industry?

Short video is an innovation supported by new technologies. As the technology and profit model mature, it gradually moves toward industrialization.

Some scholars believe that the originality required for short videos to become audiovisual works should be appropriately reduced. The originality of the short video should not be judged by referring to the artistic creativity and duration of cinematographic works. 

As long as it can be proved that the short video is independently created and has a minimum creativity, it can be considered as original, and therefore fit in the category of audiovisual works.

When talking about how to define the originality of short videos, Jia Zhangke also believes that from the perspective of encouraging creativity, the originality of short videos should not be too demanding.

In the past, the expression of cinematographic works seemed very classy, far away from the general public. But now, the introduction of audiovisual works has brought the copyright law close to the lives of ordinary people. 

Perhaps, a short video you created at low cost and uploaded to TikTok will bring you a massive fortune. Each of us may have the potentials of becoming the next Jia Zhangke.