At the "Xicha" located on the second floor of Juntai Department Store in Xidan, Beijing, people who buy and wait for tea are crowded with tea shops.

　　Our reporter Zhang Yiqi photo

　　In recent years, Jinan City, Shandong Province, based on the ancient historical and cultural resources of Quancheng, has actively preserved and restored many old buildings in the commercial port period, including Xiaoguanghan, created an "oriental painting" that perfectly combines China’s traditional culture with modern high technology, and innovated and upgraded the "online celebrity" punching place, Kuanli Qilu Food Club, forming a unique architectural style, time-honored brand and commercial culture of Quancheng Jinan.

　　The picture shows an old shop owner soliciting customers in front of Qilu Food Fair in Kuanli, Jinan.

　　Photo by Yu Fangping (People’s Vision)

　　On Tuesday, May 14th, at 3: 50pm, the "Happy Tea" on the 2nd floor of Juntai Department Store in Xidan, Beijing was crowded. This online celebrity tea shop, which often appears in WeChat circle of friends and Tik Tok, often has to wait in line for dozens of minutes or even hours. Even if the queue time is long, it still does not affect its super popularity. After 4 o’clock, there are more and more people queuing in this store in Xidan.

　　Online celebrity, refers to the network red man. Online celebrity stores refer to those shops with high popularity on the Internet, including restaurants, cafes, tea shops and homestays. Especially under the premise of continuous development of self-media and short videos, more and more stores have become online celebrity stores with the help of them, attracting many people to come to punch in.

　　However, becoming a online celebrity store is only a marketing tool, and attracting customers is only a primary goal. In the longer term, it is necessary to retain customers, which requires shops to work hard on products and services. Online celebrity store should have a good reputation, but more importantly, it should strictly control the quality to create a veritable online celebrity store that can stand the market test.

　　Is high face value the "last word"?

　　Observing the online celebrity stores that are popular on the Internet, we can find that they basically have one thing in common, that is, they pursue "high value". Either the store decoration style is unique, or the product packaging is unique, or the product itself is unique, but in the final analysis, it is able to attract people at the first time.

　　"Hi Tea" has made great efforts in stores and products. From shop design to tea cup packaging to milk tea itself, it has a "high value", and then through the recommendation of various road networks and the customers who have experienced it, its communication effect has doubled, attracting more and more people to try.

　　Xiaoliang works in a hospital in Langfang City, Hebei Province, and often comes to Beijing to play with family and friends. I often see the recommendation of "hi tea", so she and her friends stood in line for 50 minutes at the "hi tea" in Zhongguancun, Beijing, and finally tasted the legendary "hi tea". "I mainly want to taste how delicious it can be. Langfang doesn’t sell it. If you come to Beijing, you have to try it."

　　Xiaoliang’s evaluation of "hi tea" is average, and he thinks there is nothing unique about the taste. However, Guo Yiran, who often drinks "hi tea", thinks it tastes very good.

　　Guo Maoran works in an Internet company in Beijing, and often gets together with friends on weekends or in his spare time, so he has come into contact with many online celebrity stores, especially some online celebrity restaurants. Guo Maoran showed reporters several restaurants in online celebrity that she had been to with her mobile phone. From the pictures, these restaurants are novel in design, unique in style and superior in geographical location, all of which have high "face value".

　　Guo Maoran introduced a restaurant next to the Forbidden City. This restaurant is located in a small courtyard, with simple and elegant interior design, the Forbidden City wall outside the window and exquisite food. This restaurant is suitable for both parties and taking photos, but it is very expensive. In public comments, the per capita price of this restaurant exceeds that of 700 yuan. "But in fact, the food is not very delicious. Many customers go to take pictures. Even so, there are still many people. " Guo Yiran said.

　　But not all online celebrity stores only pursue "high value" on the facade, and some online celebrity stores will constantly improve the quality of products and services and attract customers with connotation. Others become online celebrity stores because of their connotations.

　　Kobayashi works in the headquarters of Shanghai UnionPay. He talked to reporters about an experience of queuing. Radio Lane Hot Pot, located near Shanghai Hongqiao Football Stadium, is very famous in Shanghai. It is also a online celebrity restaurant, and there are long queues at the restaurant door every day. Kobayashi once went to queue up at 2: 45 pm. Unexpectedly, he didn’t eat until 8 pm, and the queue was nearly 6 hours. In the end, Kobayashi and his friends only ate for 2 hours. "The hot pot tastes good. Although it has been waiting for a long time, I think it is still worth it." Xiaolin said.

　　Liao Huaixue, a lawyer of Taihetai Law Firm, said in an interview that online celebrity’s economy is an attention economy. Relying on the spread of the Internet, social short videos and other platforms to promote, online celebrity Store can get a lot of attention in a short period of time and has a huge flow. Attention and flow mean purchasing power, which can be transformed into economic benefits.

　　How much do you know about the routines of online celebrity store?

　　There is a buzzword on the internet: the longest road I have traveled is your routine. This sentence is very suitable for online celebrity stores, and it is the customers who fall into the "routine" that make online celebrity stores popular.

　　Queuing is one of the marketing routines of online celebrity store. When you see a long queue at the door of a certain store, many people’s first instinct is that the products of this store should be very good, which may lead to the idea that "I should try it, too." This is exactly what online celebrity stores want, and many online celebrity stores use this psychology to attract customers. In order to create the effect of queuing, some online celebrity stores will set the counter near the door to increase the illusion of long queues.

　　While waiting in line at a online celebrity store, the reporter interviewed a number of customers in line at random. Some customers come here because they like it, others come here for admiration, and some just pass by and see many people queuing up to buy. It has been repeatedly exposed on the Internet that some online celebrity stores hire people to queue up to create false prosperity, so as to attract people. What’s more, he even started a queuing business, selling his own number to customers, and became a "scalper" queuing in online celebrity stores.

　　More routines are using social networks, and taking photos and punching cards is one of them. Guo Maoran once experienced a photo studio, mainly taking id photos. At the time of checkout, the store told me that if you upload the ID photos that have been washed out in the WeChat circle of friends, you can enjoy the discount. Guo Yiran took a photo of his identity card and uploaded it. "Unexpectedly, many people came to ask me where this photo studio is?" Guo Yiran recalled this experience to reporters. "This invisibly brought more customers to this photo studio."

　　Nowadays, many online celebrity stores adopt the strategy of encouraging customers to take photos, and increase the exposure of the stores by sharing them with customers themselves. As the saying goes, "three people make a tiger", if people constantly bask in the same store on social networks, it will arouse more people’s curiosity, thus gathering more popularity for online celebrity stores.

　　"Under the influence of social networks, in addition to actual consumption, consumers go to online celebrity stores and meet the needs of social sharing, such as punching cards in online celebrity stores and sending friends." Liao Huai said. This shows that the strategy of online celebrity stores spreading through social networks is very effective.

　　People who often brush Tik Tok will brush short videos that recommend eating, drinking and having fun, or recommend short videos of some shops from time to time. Seeing the recommended food, I will itch to try it. But this is probably the "routine" of online celebrity store.

　　Since the rise of media, especially short videos, online celebrity stores have found new marketing methods. By shooting short videos, food and services can be displayed in all directions, and then some self-media marketing numbers, including Tik Tok, are employed to constantly recommend stores, so as to build the store into a online celebrity store. Or invite some online celebrity to come to the store to experience, and improve the popularity of online celebrity store through the heat of online celebrity.

　　Jin Ge, an assistant researcher in Peking University and a doctor of journalism, analyzed the reasons to the reporter: passenger flow is a potential benefit for shops, and the current conventional methods to attract passengers generally cost more. Attracting traffic through the internet and then converting it to offline has become a new channel for obtaining passenger flow. This way of obtaining passenger flow is obviously lower and more efficient than conventional advertising and sales promotion.

　　"For shopkeepers in online celebrity, they will do whatever attracts attention on the Internet." Jin Ge said that there is still a problem of marginal cost. The more shops that attract people’s attention, the lower the price of traffic.

　　Why is it difficult for online celebrity store to "grow red"?

　　If one word is used to describe online celebrity store, ups and downs are the most appropriate. Many online celebrity stores that have been screened are gradually fading out of people’s sight, and even have closed down. It lasts only a few months, and the longer time may only be one year. A netizen concluded: "They are all online celebrity stores living in a circle of friends. When they disappear from your circle of friends, it is not far from the real disappearance. "

　　But there are exceptions. Some online celebrity shops have survived, and "Hi Tea" is one of them. In addition, there are those shops that rely on providing high-quality products and services, which have gained higher popularity by building the marketing strategy of online celebrity stores.

　　It can be seen that quality is the lifeline of online celebrity store. No matter Xiaoliang, Guo Yuran or Kobayashi, they all said in an interview that if online celebrity stores want to be really popular, they should start with quality and do a good job in quality control so that products can stand in the market.

　　Behind the online celebrity store is the realization of traffic, that is, a large amount of traffic obtained on the Internet will be turned into actual passenger flow, which will bring real income. "No matter how well advertising marketing is done, if products and services can’t bring consumers the expected experience, it will be difficult to get repeat customers." Jin Ge said that this would cause online celebrity stores to gain traffic while losing traffic, which is obviously not a wise move.

　　"Even online celebrity stores are in the hearts of consumers ‘ Planting grass ’ The process is also a process of constantly improving the expectation of experience, which is also a challenge to the quality of products and services of online celebrity stores. " Jin Ge said.

　　Serious homogenization is a common problem in online celebrity stores, and conformity psychology exists not only in consumers, but also in online celebrity stores. When a online celebrity store is on fire, the same type of store will appear immediately, and the same marketing method will be used to build a online celebrity store, even with similar names, which will cause consumers’ aesthetic fatigue.

　　Jin Ge said that although the rise of the emerging Internet business model has provided a low-threshold platform for innovation, it is easy to innovate and difficult to attract attention. Therefore, following the trend and hitchhiking have become speculative choices.

　　In the marketing of online celebrity store, it may also involve the issue of false propaganda. Under the fame, it is really difficult to be deputy. In the media marketing soft articles or short videos, exaggerated methods are used to amplify the effect of products. "If the actual situation after arriving at the store is inconsistent with the propaganda content of the online celebrity store, its behavior has constituted false propaganda." Liao Huaixue said that Article 4 of the Advertising Law clearly stipulates that advertisements shall not contain false or misleading contents and shall not deceive or mislead consumers. Advertisers should be responsible for the authenticity of advertising content.

　　In addition, if the online celebrity store involves false propaganda and infringes consumers’ right to know, according to the relevant provisions of the Consumer Protection Law, the store should bear corresponding legal responsibilities. Consumers should take up legal weapons in time to safeguard their legitimate rights and interests if they encounter some shops that are not worthy of the name and involve deception. This is not only responsible for yourself, but also for society.

　　At the same time, public comment, WeChat, Tik Tok and other apps should assume corresponding responsibilities. "From the perspective of platform responsibility, the network platform should take comprehensive prevention and control measures to regulate the online celebrity stores in the platform, protect the legitimate rights and interests of consumers, and earnestly fulfill the platform obligations." Liao Huai said.

　　CCTV News:(Reporter Sun Xiaoyuan) On April 23rd, it was beneficial to open books. Today is World Book Day. CCTV reporter interviewed Yi Zhongtian, a famous scholar and writer, to talk about reading.

　　CCTV reporter: Why do people study?

　　Yi Zhongtian:Only humans have words, and only words can have books. Therefore, cats can only snore at home and people can read. Of course, you don’t have to read it, but it is always good to have one more option. Books are not the necessities of life, and reading is not the first need of life. Its function is actually to improve the quality of life and own taste. I am full of poetry and books. If you don’t want it, you don’t have to.

　　CCTV reporter: Why do you repeatedly emphasize "words"?

　　Yi Zhongtian:Because writing is the symbol of human culture. With words, human beings will truly become human beings instead of animals. Words are attractive, especially Chinese characters. Chinese characters themselves have a sense of picture and rhythm.

　　CCTV reporter: What kind of books do you prefer to read?

　　Yi Zhongtian:I advocate reading ancient books, preferably before the Yuan Dynasty. Pre-Qin and Han dynasties, Tang poetry and Song poetry, choose its classics to read, the heart can be quiet, clean and beautiful.

　　CCTV reporter: Is reading an easy task in the multimedia era?

　　Yi Zhongtian:Reading is actually a luxury, but it has nothing to do with economic conditions. It depends on whether you have time and want to read. Now there are public libraries all over the country, and as far as I know, the service is still very good.

　　CCTV reporter: How to treat online fragmented reading?

　　Yi Zhongtian:If you want to calm down, you’d better study. The Internet is so noisy, informative, fragmented and shocking. Reading is a quiet thing. A roll in hand, forget all the insults. Fatigue, troubles, entanglements and depression are all put aside. Of course, this book has to be fascinating.

　　CCTV reporter: In your opinion, what are the benefits of reading for individuals?

　　Yi Zhongtian:The greatest advantage of reading is not being useful. If you want to be useful, just surf the internet. I can even teach you how to cook online, so you don’t need to buy a cookbook. The fact is, reading makes people feel calm and clean. No matter how dirty things are, they will be cleaner if they become words. Text has the function of filter and purifier. After being converted into words, wars are not so bloody, disasters are not so horrible, and crimes may become intellectual games. Of course, the writer’s heart should be clean, and it is not good to teach obscenity and thieves. However, this is another topic.

　　CCTV reporter: Has the era of "reading for all" arrived?

　　Yi Zhongtian:In fact, reading is a very personal matter, and reading for all is only an advocacy or even an ideal. We certainly hope that the more people read, the better, but in my opinion, the era of reading for all will come only when reading becomes a way of life, and it is the way of life of most people. Here, it is important that people think reading is meaningful and interesting. Moreover, being interesting is more important than being meaningful.

　　CCTV reporter: What is the significance of reading in your writing?

　　Yi Zhongtian:I’m writing the History of China recently. It can be said that reading detective stories is of great help to my writing.

　　CCTV reporter: What books do you think you should read as a child?

　　Yi Zhongtian:Generally speaking, children are about luck, while old people are interested. Children’s reading is like following a tour group, depending on how the tour guide is, so teachers and parents are very important. A child can’t read Hegel even if you ask him to.

　　CCTV reporter: Can you still remember what books you read as a child?

　　Yi Zhongtian:When I was a child, I was basically free-range. My parents only supported non-interference in reading, so I gulped down The Outlaws of the Marsh and The Journey to the West in primary school, but I didn’t read A Dream of Red Mansions until long after I was an adult, because I thought it was not good-looking. Later, I was shocked to read it: so good? It seems that teenagers’ reading may need guidance, but coercion is useless.

　　CCTV reporter: When is the best reading time in life?

　　Yi Zhongtian:College is the best time to study. The study burden of college students is not as heavy as that of high school students, and they don’t have to work hard to support their families in the future, so I especially advocate that college students read more books. If nothing else, there will be no such convenient library in the future! College students should not be partial to their studies, but should be able to read widely. These books may not be used in the future, but the nutrition in them will be difficult to supplement in the future.

　　CCTV reporter: Can you give some reading suggestions to middle-aged people?

　　Yi Zhongtian:Getting married and starting a career is a hurdle in life, and reading depends on meeting the needle. My personal suggestion is that once you get out of the daily necessities, study some history and philosophy! When life enters the next stage, it’s time to make a summary for yourself and think about the future. However, it should be emphasized that reading is a very personal matter. No matter whose advice, it can only be used for reference. Interest is always the best teacher.

Original title: Xiangshan International 2024 Pu ‘er Simao Marathon will be held on March 17th.

Recently, the reporter learned from the press conference of Xiangshan International 2024 Pu ‘er Simao Marathon with the theme of "Re-taking the Ancient Tea-Horse Road" that Xiangshan International 2024 Pu ‘er Simao Marathon will be held in Simao District of Pu ‘er City from 7: 30 to 13: 45 on March 17th. At present, the organizing committee of the tournament is pushing forward the preparatory work in an orderly and intense manner.

This year’s event is the A1 brand event of China Athletics Association, with a scale of 10,000 people. There are three events: full marathon, half marathon and mini-run. The competition has specially set up an online competition to travel all over China. The registration and competition time of online competition is from March 6 to 17.

The conference announced the costumes and medals of this marathon, and introduced the overall preparation progress and highlights of the event. The medal is inspired by the traditional culture of Pu ‘er, which brings together two characteristics of Pu ‘er: tea coffee and the ancient tea-horse road. This year’s competition is based on strict competition organization, rich supporting activities, diverse awards and warm competition atmosphere, highlighting the theme to hold a characteristic competition, strengthening the guarantee to hold a safe competition, and the whole people participating in holding a civilized competition. The majority of runners will pass through the ancient city of Chama and Wuhu National Wetland Park and feel the "caravan spirit" that spans the Millennium.

Hello, everyone, today we share how I keep fit during the season. I hope you like it!

In 2020, Joshua kimmich scored the winner in the match with Dortmund. In that match, he ran 13.73 kilometers. This is the sport of football and kicking. In this sport, most of the running is not jogging, sprinting, walking, jogging and then sprinting. Because of this, the best way to improve physical fitness is to carry out high-intensity training.

We can achieve this goal by sprinting or intermittent training, but the least boring way to improve physical fitness is to use the ball for high-intensity training, which is also the focus of today. Today we will share the training methods to keep in shape during the season. Let’s officially start:

warm up

Before we start training, make sure that we have fully warmed up, do some dynamic stretching and sprinting, so that all our fast muscles will be activated, thus reducing the risk of muscle strain. Take 10 minutes to relax, and then start formal training.

This is the only part that does not include the ball, and it is one of the very good agility and quick training.

We can find a friend, or install an application on our mobile phone, which can flash colors and numbers for us for 10 times as a group. I

When our cell phones flash or our friends shout out a color, we sprint to the sign plate and then go back to the middle. About 30 seconds, depending on the length of the interval. In short, do five groups and rest for 30 seconds between each group.

The rest of the training is divided into three small cycles. The first cycle is what we see now. Before Ronaldinho’s dribbling training and shooting, he makes a 30-yard sprint dribble.

This training is great, because it can train our dribbling speed, dribble in a narrow space, and persist in dribbling when we are tired.

It’s a hard training, but it’s important for us to keep high shooting quality. Imagine that we will be very tired in the 80th minute of the game, so even if we are tired, we should be able to shoot correctly.

Figure 6- Correct Shooting

In this cycle exercise, we can jog or walk back to the starting point as a break between repeated exercises.

If we only have one or two balls, run after them, make sure we are jogging, then jog back to the starting point, and then give yourself an extra 30 seconds to rest.

In addition, because it takes a long time to start each action, you should do it for 15 minutes before continuing this circular action, and it should be very fast.

Before entering the second cycle, give yourself three to five minutes to rest. We should make sure that each cycle has intensity, and even if we are tired, we should work 100%.

In the second cycle, we make 10 passes to the wall, then zigzag dribble to practice turning and dribbling, then rush out and beat the last sign plate with one of our actions.

Put the sign plate 8 to 10 yards away, make sure we don’t go straight through it, rush out of the sign plate for at least a few steps, then cut back the sign plate and walk back to the starting point.

Once again, this is our break time, and a sign plate is set for passing the ball on the wall to ensure that we keep good habits when passing the ball and that we will not be lazy.

This cycle improves our ability to pass, touch the ball with the first foot, dribble and cut inside with the ball, and the ability of all 1V1 to beat the defender.

All this will make our leg muscles stronger, and at the same time enhance our heart and lung function. Do it for 10 minutes, and then rest for three to five minutes before continuing.

Figure 11- Cardiopulmonary Enhancement

The hardest part was left to the end. Many people hated doing this exercise, but it was the simplest exercise, and it was timed in 10 minutes.

Start by running back and forth, run to the small restricted area and then run to the penalty spot at the back, then run to the top of the restricted area and come back.

After the round-trip run, start bouncing the ball as soon as possible, don’t rest for a few seconds before starting, and then bounce the ball 30 times before starting the next round-trip run.

The key point here is that if we screw up and drop the ball, then we need to start the next round trip immediately, which puts pressure on the ball-passing part to ensure that we concentrate on the ball-passing and strive to maintain the quality.

If we don’t have this kind of pressure, then we will drop a few times, then pick up the ball on foot, and then continue to bounce the ball and give ourselves a long rest. After 10 minutes, we have finished the hardest part, but we are not completely finished.

Although this is not the main part of training, it is very important to do 5 to 10 minutes of cold-body exercise, which will make our muscles less tense and help us recover from the next training.

Don’t skip this link, do some static stretching or the same dynamic movement as before, but with less intensity.

Figure 16- Don’t try to hide from the tiger

That’s all for today. Please continue to pay attention to the road of football for more exciting football teaching!

　Author: Music Entertainment Law

On October 12th, 2020, under the leadership of lebron james, the Los Angeles Lakers won the championship again after ten years, which is undoubtedly the best gift for Lakers fans who lost Black Mamba Kobe Bryant in 2020. Before the Lakers won the championship, it was probably the best news for fans that CCTV replayed the NBA.

In 2019, due to inappropriate remarks made by general manager of NBA Rockets about Hong Kong, which seriously hurt the national feelings of fans in China and China, CCTV decided to stop broadcasting NBA-related events. Even Tencent Sports, which bought the exclusive rights of NBA events in the next five years with a huge sum of money, once stopped broadcasting NBA. Fortunately, CCTV did not completely ban the NBA. Tencent Sports "quietly" rebroadcast the NBA in October 2019. After all, 500 million investment cannot be wasted.

But for fans, Tencent Sports’ high membership fee makes them flinch, so the rebroadcasting of NBA on CCTV Sports Channel is undoubtedly not a "big welfare" for fans. At this time, Xiao Bian, who is an NBA enthusiast and a legal practitioner, is puzzled. Can live sports events be copyrighted as movies? CCTV rebroadcasts the NBA. Is Tencent’s 500 million investment wasted? If you have the same question, let’s find out with Xiaobian!

1. Does the live broadcast of NBA sports events constitute the object of copyright protection?

In recent years, whether it is Qiong Yao v. Zheng Yu or Jin Yong v. Jiangnan, the controversy behind it shows that copyright is getting more and more attention and protection. Universal copyright convention and Berne Convention both express the need to protect human intelligence and creative achievements. As a participating country of the Convention, China has also made protective provisions on copyright.

According to the relevant provisions of China’s Copyright Law, the copyright owner enjoys the copyright, and no individual or unit may infringe upon the copyright of others. Article 3 stipulates that the objects protected by China’s Copyright Law include (1) written works; (2) Oral works; (3) Works of music, drama, folk art, dance and acrobatics; (4) Works of art and architecture; (5) Photographic works; (6) cinematographic works and works created by methods similar to cinematography; (seven) engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works; (8) Computer software, etc.

As a kind of live broadcast of sports events, the live broadcast of NBA sports events mainly focuses on shooting and broadcasting the live events of sports events. Can this kind of live broadcast of sports events constitute a film work or a work created by a method similar to filming, and then be protected by copyright?

According to the Regulations for the Implementation of the Copyright Law, the works protected by the Copyright Law refer to the intellectual achievements that are original and can be reproduced in some tangible form in the fields of literature, art and science. Therefore, to analyze whether the live broadcast of NBA matches belongs to the object of copyright protection, it mainly depends on whether the live broadcast is original and whether it can be copied in some tangible form.

1.1 How to identify originality?

International copyright treaties, such as Berne Convention and Copyright Treaty of the World Intellectual Property Organization, have not specifically recognized originality. Because of different legal systems, different countries have different understandings of originality.

1.1.1 "forehead sweat standard" and "floor standard" in common law system.

The anglo-American legal system first made it clear in the Bleistein case in 1903 that the work needed to be completed by the author independently. In later practice, Britain and the United States took "whether to work or not" as one of the factors to identify originality in order to protect the author’s labor when creating works, which is also what we call "forehead sweat standard".

In the Anglo-American legal system at this time, the court decided whether the work was original or not mainly by considering whether the work was independently completed by the author and whether the corresponding labor was invested. At this time, originality did not pay too much attention to the "creativity" of the work.

Subsequently, in the Feist phone book case in 1991, the court began to emphasize the "creativity" of the work, that is, if the author simply put in labor, he could not determine that his work was original, but also needed a certain degree of creativity. However, Britain and the United States did not clearly define the "more or less" of creativity, but adopted the "floor standard", that is, creativity can be recognized as long as there is a small amount of creativity.

We can see from it that,British and American countries identify originality mainly on the basis of "independence"-independent labor completion and "creation"-creativity.

1.1.2 High standards of civil law countries

Different from the lower standard "floor standard" adopted by Britain and the United States, the countries of civil law system are more strict in determining originality. Taking Germany as an example, it believes that originality requires the production of works to be creative labor input, and the labor input at this time is not just a simple labor input when the forehead sweats, but requires certain creativity. In other words,The originality at this time requires that the work can reflect the author’s intelligence and thoughts and feelings, and the expression of these thoughts and feelings needs to reach the level of reflecting the author’s personality..

At the same time, creativity is not as low as the "floor standard" required by Britain and the United States, but requires a high degree of creativity. This is mainly because in civil law countries, works are regarded as the children of the author, and works are the extension of the author’s personality spirit and the embodiment of the author’s thoughts and feelings. It regards copyright as a personal right, so it adopts this high standard to protect the author’s rights.

1.1.3 China’s originality standard

There is no clear legal provision on originality in legislation in China, and domestic scholars have different opinions on it. Professor Cui Guobin believes that originality requires independent creation and the creative result has the lowest degree of creativity; Professor Li Mingde believes that the author has invested in intellectual labor and has the lowest degree of creativity when creating works; Professor Wang Qian believes that originality requires that "the work product should be independently completed by the author" and "the creation of the work product should have a certain degree of creativity" …

Analysis of the views of scholars, it is not difficult to find that their recognition of originality has one thing in common."the lowest degree of creativity"This shows that our country has not adopted the high standard of originality similar to that of civil law countries, but only requires the lowest degree of creativity, which is also reflected in judicial practice.

1.2 Is the live broadcast of NBA events original?

Combined with the above introduction to the identification of originality, is it original for the live broadcast of sports events? In this regard, everyone has different views. Some people think that the focus of live broadcast of sports events lies in sports events, which are interpreted by athletes, and the filmmakers only record and broadcast according to the needs of watching the games, which should only constitute video products. However, some people think that recording sports events also reflects the intelligence and thoughts of the recorder and has certain originality.

Speaking of this, we have to mention "the first case of China’s game broadcast", that is, the five-year-long "Sina v. Fenghuang. com infringement case". After the first trial, second trial and retrial, the Beijing Higher People’s Court recently made a retrial judgment, overturning the second trial judgment, and found that the involvement of Phoenix Net and its operator Beijing Tianying Kyushu Network Technology Company infringed the copyright of Sina Internet Information Service Co., Ltd.It is believed that the live broadcast of sports events is original and constitutes a film work, which can be protected by copyright.

This case can be described as full of twists and turns. In the first instance, the court held that "the selection and arrangement of the recording shots of the competition to form a new picture for viewing is a creative labor, and the creativity will produce different picture effects due to different choices and different productions, which further reflects its creativity." That is to say, in the judgment of the first instance, the court found that the picture formed by the recording of the competition constituted the requirement of the originality of the work in China’s copyright law and belonged to the works protected by the copyright law.

However, in the second trial, the court classified this kind of film production as documentary film production, and determined it according to the original identification standard of documentary film production, so it was considered that it was not a film production, but a video production.

Subsequently, Sina did not recognize the judgment and filed a retrial with the Beijing Higher People’s Court. The Beijing Higher People’s Court held that the lowest level of creativity was adopted in the determination of originality in China. In other words, China only discussed the "existence" of creativity, not the "quantity" of creativity. The recording process of sports events reflected the choice of shooting angle, lens switching, shooting scenes and objects, selection, editing, arrangement and shooting pictures. In the final judgment of the Beijing Higher People’s Court, the court found that the live broadcast of the event involved constituted "a work created in a way similar to making a film".

From the above cases, we can see that,The live broadcast of sports events is original because it embodies the photographer’s unique ideas in the filming process.In the process of live broadcast of NBA events, Tencent Sports will not only film itself, but also explain it outside the picture, which is original in both the filming idea and the presentation of the explanation. Therefore, according to the existing judicial practice, we can conclude that the live broadcast of NBA events is original.

1.3 Does the live broadcast of the event belong to a certain medium?

We know that the live broadcast of sports events needs to be filmed on a certain medium if it wants to constitute a film work. In the case of Sina v. Fenghuang. com, the court of second instance found that Sina’s live broadcast of the Super League did not fix the filming on a certain medium, which exceeded the definition of film works in Article 4 of the Regulations for the Implementation of Copyright Law.This article stipulates that cinematographic works and works created by methods similar to cinematography refer to works that are filmed on a certain medium and consist of a series of pictures with or without sound, and are projected by means of appropriate devices or disseminated by other means.However, the regulation does not regard fixation or stable fixation as the constitutive requirements for determining whether a work is a work, so "shooting on a certain medium" should be interpreted broadly and leniently, so it is also affirmed in the judicial judgment that the live broadcast of the game belongs to shooting on a certain medium.

To sum up, if the live broadcast of sports events can reflect the individual choice and arrangement of the filmmakers, rather than just mechanical recording, it will be original, and the broad media interpretation also shows that the live broadcast of sports events meets the requirements of "shooting on a certain medium". Therefore, if Tencent Sports Live NBA matches meet the above requirements, it can also be the object of copyright protection. In fact, as early as before this judicial decision, the live broadcast of sports events was difficult to be recognized as a film work, and the filmmakers were easily infringed by their peers. In the face of such infringement, how did they do it?

Second, the infringement that may be involved in the live broadcast of sports events

2.1 may constitute unfair competition

Among many litigation disputes involved in live broadcast of sports events, the most common one is unfair competition dispute, which is mainly due to the fact that in the previous judicial practice, the products formed by live broadcast of sports events are difficult to be recognized as works protected by copyright law. Therefore, under normal circumstances, many infringers will choose to file a lawsuit on the grounds that the infringer violated the Anti-Unfair Competition Law. For example, in the case of CCTV International v. "I love chatting", the court decided that I love chatting about the company’s behavior of "broadcasting" CCTV related channels on its "tv powder" client.Although it does not constitute a broadcast act as stipulated in Article 45 of the Copyright Law, it obviously violates the market principle of fair competition, undermines the market competition mechanism, violates the principle of good faith and recognized business ethics, and constitutes unfair competition.

2.2 may constitute a violation of the right to disseminate information on the Internet.

Through the previous judicial practice, we can see that it is difficult to identify the products produced by the live broadcast of such sports events as movies or works created by similar methods. During the filming of 2014 fifa world cup TV program, Stormwind broadcasted the live broadcast of the events produced by CCTV, which is similar to the case of Sina v. Phoenix. In the second instance, the court did not identify the live broadcast of the events produced by CCTV International as movies, because according to the relevant provisions of China’s copyright law, if it cannot be identified as movies, it should be regarded as video products. Therefore, the broadcast behavior of Stormwind Technology also constitutes an infringement on the information network communication right of CCTV International.

Of course, in the latest retrial judgment of "CCTV International v. Stormwind Technology" on October 9, 2020, we found that, like Sina v. Phoenix.com, the Beijing Higher People’s Court once again determined that CCTV International’s live sports events constitute film works, which also gave new guidance to courts at all levels in the future in judging similar cases, that is, live sports events can be recognized as film works if they meet the relevant recognition conditions. This is a breakthrough, and this kind of judgment also shows that the criteria for determining the originality of a work do not reflect the level, but only the presence or absence. Such progress is conducive to solving the problem of protection of sports programs. We know that the most important thing about this kind of sports events is timeliness, and viewers rarely watch them again after watching them. Therefore, if only the live sports events constitute video products, it will be difficult to stop unauthorized TV broadcasting and Internet broadcasting due to the "safe haven principle" involved in the right of network information dissemination, which is likely to bring irreparable losses to the producers of the programs. At the same time, it is considered that it is difficult to solve the demand of subsequent program trading and protection only by the Anti-Unfair Competition Law.

Third, is it worthwhile for Tencent to spend 500 million yuan to buy the exclusive broadcasting rights?

From the above analysis, we can see that the live broadcast of sports events can already constitute a film work in copyright. After Tencent bought the sole broadcast right, if other video broadcast platforms broadcast the live broadcast of the events recorded by Tencent, it will constitute an infringement of Tencent Sports, and Tencent Sports can file an infringement lawsuit for compensation.

At the same time, Tencent Sports can monopolize the domestic live broadcast of this event by virtue of its exclusive broadcasting rights, and Tencent Sports charges a high membership fee and its various reward functions will bring more profits to Tencent. Tencent’s signing the NBA this time and buying its exclusive broadcasting rights for the next five years can be said to be very cost-effective. Despite the influence of the suspension of NBA broadcast by CCTV last year, Tencent can still make huge profits as the only live broadcast platform in China.

In fact, there is still a "hidden knowledge point" here. Why did Tencent buy the sole broadcasting right and CCTV still broadcast it? This is mainly because the NBA gives some NBA games broadcasting rights or highlights to CCTV Sports Channel free of charge every year, and Tencent Sports buys online live broadcast rights, while CCTV is a live TV broadcast, which has no conflict of interest with Tencent Sports’ exclusive broadcast rights. Therefore, although Tencent bought exclusive broadcast rights, it is only online live broadcast rights, and CCTV can still broadcast them for free on sports channels.

After knowing this "hidden knowledge point", will you choose Tencent or CCTV in the future?

All the people know how to entertain and know more about the law.

Focus on cultural and entertainment legal services!

(This article was originally created by the Lele Entertainment Law and cannot be reproduced without permission. The picture comes from the internet. If there is any infringement, please contact to delete it. )

In April 2024, the registration for the self-study examination of higher education in Guangdong Province will be held from February 27th to March 9th. Specific related matters are arranged as follows:

First, the registration time

Freshman forecast time: from 10:00 on February 27th to 12: 00 on March 1st; Official registration time: from 10:00 on February 27th to 17:00 on March 1st.

Candidates’ registration time: from 14:00 on March 5 to 17: 00 on March 8; Payment time: March 6th from 10:00 to March 9th from 17:00.

Special note: the results of the self-study exam in January 2024 are expected to be announced on February 26th, so please pay attention to the candidates.

Second, the registration conditions

People’s Republic of China (PRC) citizens who live and work in our province, regardless of gender, age, nationality, race and education level, can take the self-study exam in our province. Compatriots from Hong Kong, Macao and Taiwan Province, overseas Chinese and foreigners can also take the self-study exam in our province as required.

Third, registration procedures

The first time you take the self-study exam, you must go through the registration procedures for freshmen before you can choose courses to apply for. Candidates who have registered as freshmen and obtained the admission ticket number and complete personal information can apply directly (see Annex 1 for the operation process). Candidates with incomplete personal information, such as blank ID number and name, lack of photos, etc., will not be able to apply for the exam. Please contact the local self-study examination office in advance to improve personal information in time so as not to affect the application.

Special note:

1. Starting from the examination in January, 2024, the nursing (undergraduate) major only accepts the diploma of nursing specialty (or above) issued by institutions of higher learning and higher education self-study examination institutions with academic qualifications, and has obtained the on-the-job personnel (clinical nursing technicians, nursing teachers, professionals engaged in nursing management) who have obtained the qualification of health practice. Candidates who apply for this major must upload the diploma of nursing specialty (or above), health professional qualification certificate and on-the-job certificate and sign a letter of commitment. I must ensure that the declaration and the submitted documents are true and valid. If they are false, I must bear all legal consequences (including but not limited to cancellation of academic certificates).

2. In April, 2024, four courses were added to the curriculum arrangement of the self-taught examination, including introduction to art (course code: 00504), procurement project management (course code: 03618), social psychology (course code: 04265), warehousing technology and inventory theory (course code: 07729) (for details, please refer to Guangdong Examination Office in official website, Provincial Education Examinations Institute [

(1) Registration of freshmen

Freshman registration is divided into two stages: pre-registration and formal registration.

1. Forecast name. Freshmen will make a name forecast through the entrance of candidates through the management system of self-taught examination in Guangdong Province (website: https://www.eeagd.edu.cn/selfec/, the same below). Candidates are required to enter their personal information and set their personal password when predicting the name. After successful prediction, they will get a unique prediction name, which is only valid once. Candidates must complete their mobile phone binding and photo collection before they can formally register. Please take good care of your self-study exam examinee number and password, and don’t disclose it to others. Don’t enter your self-study exam examinee number and password on a third-party website outside official website in order to avoid personal information disclosure. The ID photos collected during the identity verification of candidates are the archived photos of candidates in the self-taught examination management system (Annex 3), which will be used for all self-taught examination business including graduation certificate comparison.

Note: compatriots from Hong Kong, Macao and Taiwan Province are requested to use their ID cards to predict their names (enter personal information according to their ID cards) so as to go through graduation formalities smoothly in the later period.

2. Formal registration. This official registration is all online, and candidates must confirm the operation within the specified time with the current forecast name, and complete the official registration (refer to Annex 2 for operation). After the official registration is successful, you will get a unique admission ticket number, and all candidates must remember it.

Candidates who are unable to register online or whose registration information (including photos) fails to pass the examination due to changes in facial features should contact the self-study examination office of the city where the registration county is located in time to complete the formal registration according to the designated channels, and will not be accepted after March 2.

(2) Candidates apply for the exam

1. Candidates apply for the exam. All candidates must register for the course through the [Candidate Registration] channel of the self-study examination management system in Guangdong Province, and pay online. Candidates who are not bound to contact the mobile phone when applying for the exam must first bind their mobile phone before applying for the exam. If they need to modify the bound mobile phone, they can also unbind and rebind it through the [Mobile Phone Binding] function in the application menu bar. If you can’t untie your mobile phone by yourself, you can untie it at the self-study examination office of the city where the test area is located or its designated unit.

Candidates entering the self-study examination management system application page must carefully and completely read and agree to all the contents of the application instructions (including the Guangdong Province Self-study Examination Integrity Application Commitment, see Annex 4) before they can apply for the examination. In April, 2024, our province will continue to carry out the pilot work of candidates’ integrity application files in Guangzhou, and apply for candidates in various examination areas in Guangzhou. In violation of the Commitment on Integrity Application for Self-taught Examinations in Guangdong Province, if two courses or more are absent in the current examination without justifiable reasons, it will be deemed as being absent for no reason and recorded in the candidates’ integrity application files. In the next self-taught examination organized by the Provincial Examination Office, only no more than two courses can be applied for in each examination area in Guangzhou (non-pilot cities are still free to apply) Candidates should apply for the exam reasonably according to their actual situation and take the exam in good faith.

Candidates can choose a test area to apply for the exam according to the supply of test places in each test area. Each candidate can only apply for the exam once, and only one test area can be selected to take the exam. When saving or modifying the application information, SMS verification is required to confirm the candidate’s application operation. The contact mobile phone and mailing address confirmed at the time of applying for the exam will serve as an important channel for the self-study examination offices at all levels to contact the candidates in the current exam. Candidates must carefully check to ensure accuracy, and the consequences caused by filling in the wrong or filling in other people’s mobile phone numbers will be borne by the candidates. Candidates must carefully check whether the selected examination area and the courses they apply for are correct before confirming the application information. Once the examination area and the registered courses are confirmed by the candidates, they may not be added, deleted or changed. Once the registration fee is paid online, it will not be refunded. Candidates must log in to the self-study examination management system again after paying the fee, and check whether the payment status is "paid" to confirm whether the application is successful. If there is any problem, they should contact the local self-study examination office in time. Candidates should avoid registering for courses and paying fees at the last minute, so as to avoid missing registration and paying fees due to power failure, network congestion and other reasons.

2. Print the admission ticket. Candidates must log in to the Guangdong Provincial Self-taught Examination Management System to print the admission ticket within 10 days before the examination. The admission ticket will contain the seat information of the candidates to take the exams in each subject. The admission ticket is printed on ordinary A4 paper. It is strictly forbidden to forge, alter or alter it without authorization. It is strictly forbidden to make any marks on the front and back of the admission ticket. Candidates are requested to print the admission ticket in time within the above period. If there is any problem in the process of printing the admission ticket, please consult the self-study examination office of the city where the examination area is located.

Fourth, matters needing attention in taking the exam

All candidates must rely on the online self-printed admission ticket for the current exam and the original valid ID card (including the photo ID card issued by temporary id card and the public security organ for taking the national education exam, excluding electronic identity; Soldiers, compatriots from Hong Kong, Macao and Taiwan Province, overseas Chinese and foreigners can take the examination with the original corresponding documents registered in the examination. Candidates are requested to carefully read the Rules of the Examination Room for Self-taught Higher Education Examination in Guangdong Province (Annex 5), abide by the rules of the examination room, and take the examination in good faith.

V. Application for announcement and review of results

(1) Announcement of results

The results of this examination are expected to be announced at the end of May 2024, and the specific time will be subject to the announcement. At that time, candidates can check the qualified results through the self-study examination management system and all the examination results through the official WeChat applet of the Provincial Education Examinations Institute. Please pay attention to the relevant information on the official website of the Provincial Education Examinations Institute for specific arrangements.

(2) Application for grade review

1. Application review procedure. Candidates who have any objection to their scores in a certain subject must present their ID card and admission ticket to the self-study examination office in the city where they take the examination. Local and municipal self-study examination offices will arrange the specific acceptance time and place within 10 working days after the announcement of the examination results. Candidates are requested to pay close attention to the specific acceptance time and place announced by the self-study examination office in the city where the examination area is located, and will no longer accept the application for result review. The results review is limited to reviewing whether there are any missing comments, missing scores, wrong scores, wrong scores, grading standards, grading rules, and objections to the grading of answers are not within the scope of review.

2. Inform the results of the review. After the office of the Provincial Self-taught Examination Committee organizes a special person to review the examination papers in accordance with the relevant regulations, the results of the review will be notified to the candidates through the self-taught examination management system, and the candidates will be notified in writing if the scores are found to be wrong after the review (sent according to the communication address confirmed by the candidates at the time of registration); Candidates can also consult the results of the review to the local self-study examination office that accepts the application.

Sixth, illegal handling

The Office of the Guangdong Provincial Self-study Examination Committee will severely deal with candidates who cheat in violation of discipline in strict accordance with the Measures for Handling Violations of National Education Examinations and relevant regulations, and truthfully record relevant information in the integrity file. Those suspected of organizing cheating, taking exams and other illegal and criminal acts will be handed over to the relevant departments for legal treatment, and the majority of candidates must take the exam in good faith.

The notice in advance and the decision on handling violations will be mailed according to the contact mobile phone and mailing address confirmed by the candidates when they apply for the exam. Candidates can also inquire about violations through the Guangdong self-study examination management system after the results are announced.

VII. Others

(1) According to the Notice of Guangdong Provincial Department of Finance of Guangdong Provincial Development and Reform Commission on Standardizing the Administrative Fees for Education Examinations in the Education Department of Guangdong Province and Related Issues (No.442 [2022] of Guangdong Development and Reform Commission), the fee standard for written courses of self-study examinations in our province is 52 yuan for each subject.

(II) Disabled candidates who need the examination institutions to provide reasonable convenience during the self-study examination should submit a formal written application to the Kaoban where the examination area is located with my second-generation and above "People’s Republic of China (PRC) Disabled Witness" before applying for the course, and will not be accepted after the examination.

(three) the problems encountered in the process of registration directly to the examination area where the city self-study examination office consultation (Annex 6). For other unfinished matters, please pay close attention to the relevant information released by Guanwei of Guangdong Education Examinations Institute, official website and local self-study examination offices.

attachment

1. Flow chart of self-study exam registration in April 2024 in Guangdong Province

2. Guangdong province in April 2024 self-study exam online registration operation guidelines.

3. Guangdong Higher Education Self-study Examination Electronic Photo Collection Standard

4. Guangdong Province Self-study Examination Integrity Application Commitment Letter

5. Guangdong Higher Education Self-study Examination Rules

6. List of self-study examination offices in official website, WeChat official account and telephone consultation.