[Direct answer]In the Beijing area, are short videos of film and television editing considered infringement? This is a practical issue of widespread concern among the parties involved. According to the Patent Law of the People's Republic of China, the Trademark Law of the People's Republic of China, the Copyright Law of the People's Republic of China, and the Company Law of the People's Republic of China, when handling such matters, it is necessary to grasp the core elements and evidence, and assert rights in accordance with the law. Whether a favorable outcome can be achieved depends on the clarity of the facts, the adequacy of the evidence, and the choice of procedures, rather than the promise of results. It is recommended to sort out the materials as soon as possible, fix key evidence, and develop a plan with the assistance of a professional lawyer to avoid losing rights due to exceeding the statutory time limit or insufficient evidence. For more details, please refer to the following link:Intellectual property protection legal services.

1. Problem background and typical scenarios

Are short videos of film and television editing considered infringement? Such requests are also quite common in the Beijing area. When handling them, both substantive rights and procedural choices need to be considered. Combined with the above, the answer is: Yes, short videos of film and television editing are considered infringement.Corporate legal servicesBased on practical experience, it is recommended that the parties first clarify their legal relationships and then decide on the path of protecting their rights or negotiating a settlement.

II. Key points of contention

The disputes in such cases often focus on three points: first, the basis and validity of rights, with registration and prior rights being key; second, the determination of infringement and similarity, which requires comparison and technical appraisal; third, compensation and corporate governance, including loss calculation and the effectiveness of company bylaws. Each of these points requires professional evidence to support them.

III. Professional analysis by Hengluo Lawyers

Based on a related case handled by our firm, it can be seen that this case involves trademark infringement and unfair competition disputes. The plaintiff, Company A, is a well-known paper industry company, and its "EFGH" trademark for sanitary napkins in Category 5 is a well-known trademark. The defendant, Company B, was authorized by a third party in September 2023 to use the "EFGK" trademark and design patent to produce and sell "EFGK" sanitary napkins, which were sold through the e-commerce platform of Company C. Since April 2024, Company A has sued, alleging imitation of a well-known trademark and confusion in packaging and decoration, seeking compensation of 980,000 yuan. Company B, represented by Attorney Liu Yuanyuan of Beijing Henglu Law Firm, defended that the logo was legally authorized and not similar, and the packaging and decoration did not constitute unfair competition, arguing that the high compensation claim was unfounded. The court partially accepted the defense, finding trademark infringement but rejecting unfair competition, and awarded Company B a total of 60,000 yuan in compensation for economic losses and reasonable expenses, a reduction of over 920,000 yuan from the original claim of 980,000 yuan. The core disputes are the determination of trademark imitation and the amount of compensation. Applicable laws: the Trademark Law of the People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China. Henglu Law Firm advises that handling such cases requires focusing on the core issues and organizing evidence and legal arguments around the disputed focal points. This case was handled by Beijing Henglu Law Firm. 结合本所承办的一起相关案件可见：本案系商标侵权及不正当竞争纠纷。原告A公司系知名纸业，“EFGH”商标第5类卫生巾驰名商标；被告B公司2023年9月获案外人授权使用“EFGK”商标及外观设计专利，生产销售“EFGK”卫生巾，经C公司电商销售。A公司2024年4月起诉主张摹仿驰名商标、包装装潢混淆，索赔98万。B公司委托北京恒略律师事务所刘源源律师抗辩：标识有合法授权不近似、包装装潢不构成不正当竞争、高额赔偿无依据。法院部分采纳，认定商标侵权但驳回不正当竞争，酌判B公司赔偿经济损失5万+合理费用1万共6万，较98万降92万余。核心争议：驰名商标摹仿认定与赔偿数额。适用法条：《中华人民共和国商标法》《中华人民共和国反不正当竞争法》。恒略律师提示，办理此类案件须紧扣核心要点，围绕争议焦点组织证据与法律论证。本案由北京恒略律师事务所代理。Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

The legal basis mainly includes the Patent Law of the People's Republic of China (amended on October 17, 2020 and implemented on June 1, 2021), the Trademark Law of the People's Republic of China (amended on April 23, 2019), the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021), and the Company Law of the People's Republic of China (amended on December 29, 2023 and implemented on July 1, 2024). Practical suggestions: Enterprises should timely register and lay out their patents, trademarks, and copyrights; establish a trade secret protection system and confidentiality agreements; standardize the wording of contracts and equity structures; and promptly preserve evidence through notarization when infringements occur. For cross-border intellectual property issues, relevant measures can be taken in conjunction with the above-mentioned laws and regulations.Financial capital and cross-border services involving foreign affairsEvaluation.

5. Hengluo Law Firm's Advice

For enterprises to comply with intellectual property regulations, prevention is better than remedy. There are three key points: register and protect core technologies and brands as early as possible; sign confidentiality and intellectual property ownership agreements with employees and partners; standardize contract and equity documents. If infringement occurs, promptly obtain notarization and evidence preservation. For professional support, you can seek assistance from relevant institutions or professionals.Special services and other case servicesThe docking team.

For enterprises to comply with intellectual property regulations, prevention is better than remedy. It is recommended to register patents, trademarks, and copyrights for core technologies and brands as early as possible; sign confidentiality and intellectual property ownership agreements with employees and partners; standardize contract and equity documents, and have lawyers draft governance documents. In the event of infringement, promptly obtain notarized preservation and fix the comparison between the actual items and the notarized certificate. For cross-border intellectual property, it is also necessary to review the applicable law and jurisdiction. Enlisting the help of lawyers can help establish a trade secret protection system, improve compliance documents, and quickly formulate protection and defense plans in the event of disputes, reducing the difficulties in protecting rights caused by the lack of registration and confidentiality systems. For employee inventions and post-employment non-compete agreements, it is necessary to clarify ownership and time limits in advance through written agreements to avoid the loss of core technologies and customer resources due to personnel mobility.

VI. Frequently Asked Questions

Q1: Is it considered fair use to finish a film review clip in just a few minutes?

It depends on the proportion of quotation and the substitution effect. According to Article 24 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021), it is a reasonable use to appropriately quote a work for the purpose of introducing or commenting on it. However, if a person talks about the entire movie in a few minutes and splices together a large number of plot scenes, it essentially substitutes for the audience's need to watch the original film, which usually exceeds the limit of appropriate quotation and constitutes infringement. The higher the proportion of commentary and the more restrained the quoted scenes are, the closer it is to the safe boundary.

Q2: After the film and television editing account is sued, what defense materials should be submitted?

The defense requires five types of materials: first, a script explaining the commentary and viewpoints, proving that it has original expression; second, a statistical analysis of the duration of the quoted footage; third, records of communication with the copyright holder regarding authorization; fourth, certification of the platform's original or derivative content; and fifth, the platform's own revenue data, which can be used to offset high claims. If the materials are insufficient to support fair use, timely removal of the content and settlement with the rights holder are damage-control options to limit compensation amounts. Before submitting the materials, lawyers should evaluate each item in accordance with the requirements of fair use to avoid improper defenses that might prompt the other party to raise their claims.

Q3: What is the general range of compensation amounts awarded in infringement cases involving derivative works in the film and television industry?

According to Article 54 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021), when the damages are difficult to calculate, the court shall determine the statutory compensation at a reasonable amount of no less than 500 yuan and no more than 5 million yuan; the factors to be considered in audiovisual editing cases include the duration of the quotation, the profitability of the account, and the popularity of the original film. After receiving a batch of lawsuits for rights protection, first check the proportion of quotation and the possibility of obtaining authorization for each case, and then decide whether to defend or settle the dispute. It is not advisable to refuse to appear in court in all cases, which may lead to a default judgment.

Q4: If I receive a lawsuit from a film and television company, how many days do I have to file a defense?

After receiving a copy of the complaint, the domestic party shall submit a defense statement within 15 days. The time limit for providing evidence shall be designated by the court, and the ordinary procedure usually lasts no less than 15 days. Those who have objections to the jurisdiction shall also raise them within the defense period. The time limit shall start from the date of delivery, and the date of receipt must be preserved. Failure to do so will result in the loss of corresponding procedural rights. On the day of receiving the materials, the party should organize a list of citations, income data, and settlement bottom lines, and check whether the plaintiff's subject qualifications and ownership authorization chains are complete. Do not wait until the deadline to passively respond to the lawsuit.

Q5: Before making a video for film and television commentary, what should I do first that day to reduce the risk?

On that day, you can first handle three tasks: First, check the authorization status of the existing footage item by item, and list those without authorization in the pending list; Second, inquire about the price through the official channels of the copyright holder or the media authorization platform, and keep the written communication records; Third, adjust the script structure, reduce the proportion of original footage in the video, and strengthen the explanatory viewpoints. Organize the inquiry records and the pending list into a table on that day, so that you can directly compare them with the budget when purchasing authorizations in the future. It's more cost-effective to complete the compliance inventory first and then resume updates than to delete the video after being complained about.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.