What legal problems should be dug up when ＂digging and digging＂ explodes？

　　BEIJING, Beijing, May 9 (Wei Xianghui) "In a small garden, dig and dig, plant small seeds and open small flowers." This is a children’s song (hereinafter referred to as "Dig and Dig") that has caused a lot of public controversy recently. At present, issues such as its creator’s identity, cyber violence and content infringement continue to receive attention. After comprehensively combing this, Zhongxin.com interviewed relevant experts and lawyers.

　　Question 1: Who is the original creator of "Digging and Digging"?

　　Up to now, the original author of "Digging and Digging" has at least four opinions.

　　Among them, two controversial performers are Mr. Huang, whose screen name is "Music Teacher Flowers Bloom with Wealth", and Miss Mao Cong (Miss Peach). After becoming popular, their fans on the platform have reached millions.

　　The picture on the left shows a screenshot of Teacher Huang’s video; The picture on the right shows a screenshot of Teacher Peach’s video.

　　Zhongxin. com inquired about their earliest release time on the short video platform. Teacher Taozi was on April 24 and Teacher Huang was on April 28.

　　In addition, on April 22nd, the author of the screen name "Strawberry Shell" released a video of "Digging and Digging" performed by his girlfriend (screen name: Little Strawberry Teacher). Some netizens pointed out that the author of "Wang Xiaoling" published a version of "Little Garden" on March 10th, 2021.

　　Regarding the debate, Mr. Huang said in the copy of the video that his video has imitation and innovation.

　　On May 6th, Teacher Taozi said in an interview with the media that there is no question of who is the original video. She said that she only filmed the accompaniment of "Listen to Mom" and the finger dance of "Planting Flowers in the Garden" in the classroom.

　　"Little Strawberry Teacher" also issued a response on May 3, saying that there is no question of who is original.

　　According to media reports, "Wang Xiaoling" was introduced in the live broadcast room, and the lyrics of this song were first adapted by her and named "Little Garden". However, according to the network data, the words, songs and arrangements of Little Garden are all "Susu".

　　Screenshot of "Little Garden" released by Wang Xiaoling.

　　Question 2: What do you think of several anchors being attacked by the Internet?

　　There is a growing controversy over the original ownership of videos, which even leads to cyber violence against several performers. In addition, there are questions about the identity of the anchor and appearance attacks.

　　According to media reports, due to the pressure of public opinion, Mr. Huang is worried about his personal safety and has taken time off to go back to his hometown to escape.

　　"Teacher Peach" released a video saying that there was a lot of abuse, and some netizens criticized her for not looking good, and the smoky voice made her feel anxious and insomnia. On May 6th, the topic # Dig, Dig, Peach became popular, and the teacher said that she was very anxious # Rushed to the hot search.

　　"Little Strawberry Teacher" responded by posting a message after the internet storm. "I know that I look ordinary, but I like myself like this." She said that she hopes that everyone can do something for the kindergarten teacher group with traffic, and don’t lead the war.

　　On May 8, "Zhejiang Propaganda" issued a document saying that despite the right and wrong of the incident itself, cyber violence seems to have become the "standard" of hot events, and it is upgrading from hot spots to manufacturing hot spots, which makes people feel very worried.

　　The article said that each of us should maintain a higher degree of self-discipline, do not stand in line at will, do not make black-and-white judgments at will, and do not wave the banner of morality to judge others, but strive to remain objective, rational and kind.

　　Screenshot of the response content of "Little Strawberry Teacher".

　　Question 3: What should the part-time anchor of kindergarten teachers pay attention to?

　　Rumor has it that a brokerage company signed a contract with online celebrity before Miss Huang exploded. According to media reports, this statement is not true, and brokerage companies have also refuted rumors.

　　However, on the account of "Music teacher is full of flowers and wealth", Mr. Huang has started to bring goods. As of press time, there are two items in the window, both of which are children’s African drums, and 4 and 5 pieces were sold respectively. In addition, the platform shows that 960 products recommended by Mr. Huang have been sold.

　　Some netizens said that after the "Peach Teacher" became popular, the proceeds could buy several suites. She responded to the media that since she became popular, there has been no live broadcast, and each live broadcast is controlled within twenty or thirty minutes, and it has not driven everyone to brush gifts, so there is no such thing as "digging" into several suites.

　　For these popular kindergarten teachers, some netizens worry that they will affect their jobs and may infringe on the privacy of minors.

　　Chu Zhaohui, a researcher at the Chinese Academy of Educational Sciences, believes that everyone should still regard this popular event as an accidental phenomenon. As long as these teachers don’t violate professional ethics and affect the teaching order, and get some benefits after becoming popular, the public don’t have to look at them too much and criticize them, but look at them with a more inclusive attitude.

　　At the same time, he pointed out that if these teachers plan to work as part-time anchors for a long time to get more income, they should still pay attention to professional norms, and they should not cross the legal bottom line and have adverse effects on minors.

　　Question 4: What are the legal problems of "Digging and Digging" video content?

　　Yue Shenshan, a senior partner of Beijing Yuecheng Law Firm, pointed out that the copyright content involved in the video performance of "Dig, Dig" includes text reading and background music. Except under special circumstances stipulated by laws such as fair use, anyone who uses another person’s work shall obtain the permission of the obligee.

　　"The video performance is difficult to constitute a reasonable use. If the permission of the relevant right holder is not obtained, there is a legal risk of copyright infringement in the use of words and background music."

　　Yue Shenshan told Zhongxin. com that fair use is an institutional arrangement to balance the interests of the copyright owner and the public. Under the circumstances stipulated in the Copyright, such as "using a published work of others for personal study, research or appreciation", it is not necessary to obtain permission from the copyright owner, but the author’s name and the title of the work should be indicated, and the normal use of the work should not be affected, and the legitimate rights and interests of the copyright owner should not be harmed reasonably.

　　Xia Hailong, a lawyer of Shanghai Shenlun Law Firm, told Zhongxin.com that copyright infringement disputes are common types of civil infringement in the Internet age. In litigation, the principle of "whoever advocates gives evidence" is followed, and the plaintiff bears the burden of proof for the rights of the work and the alleged infringement. When the court finds that the defendant has infringed, the defendant needs to bear civil liabilities such as stopping the infringement and compensating for losses.

　　Question 5: How to protect the copyright of short video content?

　　Xu Shengquan, an associate professor at the School of Intellectual Property of Nanjing University of Science and Technology and director of Jiangsu Trademark Brand Research Center, said that at present, in the creation of short videos, the boundaries of fair use are still unclear, the criteria for judging commercial use are still unclear, the channels for copyright protection are not convenient, and the compensation for copyright owners’ damaged interests is not timely and sufficient.

　　He introduced to Zhongxin.com that due to the existence of the "safe haven" principle in copyright protection in China, the platform often does not actively review the copyright ownership of works. However, with the development of science and technology, the network platform has the ability of active audit, and the necessary prior and active audit mechanism should be adopted.

　　Xu Shengquan said that at present, most platforms adopt the publisher commitment mechanism, that is, the publisher promises to be responsible for the copyright issues of the published works, which is actually difficult to effectively prevent the occurrence of infringement. "The platform should bear more responsibility for copyright review." (End)