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Shanghai SynaCast Media Tech. Co., Ltd. was found guilty of infringement and compensated 210,000 yuan for providing the viewing service of the series lecture videos of "The Wisdom of the Book of Changes" on its official website (PPTV) and mobile phone App without permission.
The series lectures of the Wisdom of the Book of Changes (102 episodes in total) is narrated by the famous scholar Mr. Zeng Shiqiang, who has devoted himself to the study and dissemination of Chinese civilization for a long time.
The plaintiff Liangxinwang Culture Communication Co., Ltd. obtained the exclusive right to play the series lectures of the Wisdom of the Book of Changes according to law. After trial, the court of first instance ordered the defendant to compensate the plaintiff for economic losses of 160,000 yuan and reasonable expenses of 5,000 yuan.
Unsatisfied with the ruling, the defendant appealed to Beijing Intellectual Property Court. The defendant deemed that the videos involved are video products, not film works of similar genre; the plaintiff's right to disseminate information on the Internet is limited to episodes 1 to 94 of the videos involved, while episodes 95 to 102 are produced by the plaintiff and do not enjoy the right to disseminate information.
In view of whether the infringing videos involved are similar to film works or video products, as well as whether Liangxinwang Company has the right to file a lawsuit in this case, the court of second instance held that the videos of the series lectures produced by the plaintiff did not require advanced production and could be completed using ordinary skills, so they should not be regarded as film works of similar genre and should be protected as video products. However, the result of such determination does not affect the plaintiff's claim for the right to disseminate information on the Internet for the series lecture works (Episodes 1 to 94). Finally, the first-instance judgment was upheld.