Case Brief

The plaintiff is a copyright holder of a film and television work, the defendant A technology company is a provider of in-vehicle system application management services, the defendant B video company is a provider of the work infringing the copyright, the defendant C new energy company is an automobile manufacturer of a brand. The plaintiff claimed that the three defendants, without authorization, provided online Video on Demand service for its TV show in the in-vehicle video software APP terminal of the vehicles under the brand, infringing the plaintiff's right of Communication to the Public on Information Networks, and demanded that the three defendants stop the infringement, pay compensation for losses, and make apologies.

After the hearing, the court held that the B video software company uploaded the video infringing the copyright on to the network server of the in-vehicle video software terminal to provide users with playback services, infringing the plaintiff's right of Communication to the Public on Information Networks of the work involved. The A company, working with the B company, was responsible for the launch, presentation, and promotion of the in-vehicle video software APP terminal in the in-vehicle system of the vehicles under the brand, provided the membership package service, and charged money for the service. As a participant and beneficiary of supplying the work involved, the A technology company constituted a joint infringement with the B video company and shall bear joint liability with the B video company. The two defendants compensated the plaintiff for the economic loss and reasonable expenses totaling 50,000 RMB.

Typical Significance

The case is China's first copyright infringement case involving the "Internet of Vehicles". It was first ruled that the act of the in-vehicle system provider and the show provider conducting copyright infringement in the form of division of labor constituted joint infringement. This case provides an advantageous reference for the trial of copyright cases involving the "Internet of Vehicles." Also, it provides ideas for the trial of copyright cases involving the "Internet of Things" and other new scenarios, which will promote the healthy development of the digital economy.

(Source of case: Beijing Internet Court)