Does Tudou.com need authorization to use Renren Films subtitles?

Recently, Renren Film Subtitle Group posted a microblog saying that the video of the American talent show "The Voice" on Tudou.com stole its subtitles and deleted the translator's list. The subtitle group complained to Tudou.com, but was accused of translating subtitles illegally. This matter involves a legal issue: Without the translation authorization of the rights holder of the "Voice" video, are the subtitles translated by Renren Film Subtitle Group protected by the Copyright Law?

Let me first give you a spoiler of the very interesting but somewhat convoluted conclusion I came to: Although the subtitle group had not obtained the translation authorization before, Tudou.com's use of the subtitles was equivalent to retroactively recognizing the legality of the translation, so the Renren Film and Television Subtitle Group has the right to ask Tudou.com to stop using its subtitles. The following is a detailed analysis.

The Voice of America is a talent show, and its videos are legally classified as audio and video products. If netizens practice English when they have nothing to do, it is certainly not illegal to translate it. However, if the translated content is posted online, according to the provisions of the Copyright Law, the consent of the rights holder is indeed required. However, the Renren Film and Television Subtitle Group has translated a large number of foreign TV series, TV programs and movies, and there are currently no reports of rights holders protecting their rights. Why is this?

Business is complicated. China is one of the countries with the strictest ideological control in the world. Government officials also have a very strong concept of protecting the domestic market and Chinese culture. These factors make it necessary for foreign TV series and programs to go through a very strict and complicated approval process to enter the Chinese market, and many works cannot enter China. In this context, the rights holders of foreign TV series and programs will treat pirated videos and corresponding subtitles on the Chinese Internet with a more contradictory and helpless mentality.

It costs money and effort to protect rights, but if only a small number of works can enter China legally, then cracking down on pirated videos and corresponding subtitles on a large scale will not increase one's own commercial interests. On the contrary, spreading them in a pirated manner can circumvent government censorship and open up the market for legitimate programs. From a business perspective, this is also a very realistic choice. Moreover, in law, the right holder holds the initiative:

The subtitle group's translation of the subtitles for "The Voice of America" ​​is actually an act of creation, and the translation results include the creative labor of the subtitle group members. However, since they did not obtain the permission of the rights holder before the translation, these translated subtitles only have the possibility of falling into the category of works stipulated in the Copyright Law in theory. Whether they can truly obtain legal protection depends on the attitude of the rights holder of the work.

The theory of pending contracts stipulated in my country's Contract Law can be applied here, that is, although the translated subtitles did not obtain the permission of the rights holder of the Voice of America works before translation, if the rights holder approves them afterwards, then these translated subtitles are authorized and should be considered legal works. Otherwise, the translated content is not protected by the Copyright Law. Before the rights holder approves, the subtitles translated without permission are in a pending status, which is neither illegal nor legal.

Based on the previous analysis, an interesting conclusion has emerged: other websites do not necessarily need the authorization of the translator for using the subtitles of "The Voice of America" ​​translated by Renren Subtitles Group, because it has not been determined whether these subtitles are protected by law, but Tudou.com must obtain authorization. Because as the legal importer of the "Voice of America" ​​program video, Tudou.com certainly has the right to translate the work by itself or through a third party. Therefore, they embedded the translated subtitles of Renren Subtitles Group in the video, which should be regarded as the legal recognition of the legality of the subtitles group's translation behavior as the right holder. Therefore, since Tudou.com used it, the legal status of the subtitles has changed from pending effectiveness to a legal work protected by the Copyright Law. At this time, as the copyright owner of the translated work, Renren Film and Television Subtitles Group certainly has the right to require anyone, including Tudou.com, to use its work without permission.

Judging from the content of the Weibo, Renren Films's requirements are not high. They just require Tudou to be credited. This matter should not go to court. Finally, I have never cooperated with Tudou or Renren Subtitle Group before, so this article does not involve any conflict of interest. The analysis in this article is purely personal opinion and may not be correct. I welcome your criticism and correction. I have updated less recently. The last blog was completed more than two months ago. The reason is that I am busy with my lawyer business and have no time to write articles. I apologize to my friends who follow my blog.

As a winner of Toutiao's Qingyun Plan and Baijiahao's Bai+ Plan, the 2019 Baidu Digital Author of the Year, the Baijiahao's Most Popular Author in the Technology Field, the 2019 Sogou Technology and Culture Author, and the 2021 Baijiahao Quarterly Influential Creator, he has won many awards, including the 2013 Sohu Best Industry Media Person, the 2015 China New Media Entrepreneurship Competition Beijing Third Place, the 2015 Guangmang Experience Award, the 2015 China New Media Entrepreneurship Competition Finals Third Place, and the 2018 Baidu Dynamic Annual Powerful Celebrity.