(Source: "Beijing News" 2026-01-26)

Browsers actively recommend pirated websites, short video platform algorithms recommend pirated "slices", and e-commerce platforms sell pirated resources at low prices... In the face of increasingly rampant digital infringement, at this year's Two Sessions in Beijing,Professor Huang Yong, Municipal People’s Congress Representative, Director of the Competition Law Center of the w88 casino, and Director of the Economic Law Department of the Law w88 casinoIt is recommended that copyright governance, especially digital copyright governance, be incorporated into the modernization framework of urban governance, and a modern copyright governance system that is compatible with new piracy models be built to safeguard Beijing's construction into a national cultural center city.

Digital technologies such as algorithm recommendation accelerate the formation of “chain” infringement black and gray products

Currently, as algorithm recommendation technology becomes more and more widely used, there are signs of it becoming an "accomplice" of infringement. Huang Yong introduced that first, infringing content is generated faster and spread more widely. For example, in order to monetize traffic, some short video platforms rely on algorithm recommendation technology to actively edit and recommend a large number of pirated film and television drama "slices" through topic aggregation, pirated collections, etc., seriously infringing on the legitimate rights and interests of rights holders.

The second is to accelerate the formation of a "chain" of infringing black and gray products. Some browsers are deeply integrated with pirated websites. When users search for film and television content, they actively recommend pirated website content, and provide functional buttons such as "Smooth Play" and "One-click Acceleration" on the playback page. After users click, they can be induced to save the infringing resources to the associated network disk, thus forming a closed loop of "search-recommendation-storage-play" infringement. At the same time, lax auditing by e-commerce, online video, online disk and other platform companies also occurs from time to time. For example, there are a large number of stores selling genuine videos on some e-commerce platforms, openly selling pirated film and television resources at extremely low prices.

“Infringement and piracy squeeze the market returns of genuine products, causing a series of adverse effects.” Huang Yong said, creators and copyright holders suffered serious losses, and industry confidence was hit. According to the 2024 "China Drama Industry Annual Development Report" released by the China TV Drama Production Industry Association, the film and television industry loses more than 20 billion yuan every year due to piracy and infringement. Huang Yong pointed out that the current governance system has shortcomings at multiple levels: investigation methods and handling capabilities are not advanced enough, and the coordination mechanism among administration, justice, criminal crackdown and industry governance is not yet complete.

What deserves more attention is the issue of judicial compensation. According to data from the Internet Film and Television Anti-Piracy Alliance, the average production cost of the film and television works involved in the case is as high as 150 million yuan, but the average compensation amount only accounts for 1.2% of the amount requested by the plaintiff. This insufficient compensation will not only make up for the huge losses of the rights holders, but also fail to effectively deter infringers who make illegal profits.

Cracking the judicial technical difficulties in the normal application of punitive damages

Faced with multiple challenges, Huang Yong proposed systematic solutions. To strengthen municipal-level coordination, it is recommended to establish a cross-departmental coordination mechanism coordinated at the municipal level, clarify the division of responsibilities and work processes, carry out normalized and institutionalized joint governance around key platforms, key content and key communication chains, and form a closed-loop disposal mechanism.

To consolidate the foundation of "technology + law enforcement" capabilities, it is recommended to strengthen capacity building such as electronic data forensics, algorithmic evidence fixation, and cross-platform traceability, explore the construction of a municipal copyright infringement monitoring and risk warning system, and improve the efficiency of discovery, disposal, and accountability.

Consolidate the main responsibilities of the platform and improve the discovery, disposal and recurrence prevention and control mechanisms for copyright management. For different types of platforms, we will refine copyright compliance obligations and technical measures requirements, improve rights holders’ quick rights protection channels, strengthen algorithm recommendation audits, and promote the formation of institutional constraints that prohibit the dissemination and recommendation of infringing content.

The normalized application of punitive damages is a key measure to enhance judicial protection. It is recommended to improve the adjudication guidelines for digital copyright cases, and comprehensively consider the scale of infringement, subjective malice, and profitability (such as licensing fees for cultural works, production and distribution costs, scale of profit from infringement, reputation of the work, etc.) when awarding damages, so that the amount of damages can fully reflect the market value of the work, so that the rights holder can receive effective relief, and boost confidence in cultural investment and production. At the same time, Beijing should give full play to its advantages as a highland for intellectual property trials and send a clear signal through typical cases that “copyrights are valuable and infringements are subject to heavy penalties.”

In addition, strengthen the connection between administrative law enforcement and criminal crackdowns, severely crack down on industrialized and chain-based infringements; improve copyright public services and industry self-discipline mechanisms, promote the construction of copyright compliance regulations, and create a healthy competitive environment.

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