Regulated by Article 49 of the Revised 2020 Copyright Law and Article 22 of the
Information Network Dissemination Right Regulation, the safe harbor rule is the core
liability standard for domestic video platforms. A landmark cross-border real litigation case
between Tencent and ByteDance (Xigua Video) fully exposes two major compliance risks for
overseas game operators: platforms with commercial gains from game live streaming
cannot claim safe harbor immunity and CCPC copyright registration certificates serve
as irreplaceable prima facie evidence in platform litigation. This case clarifies judicial
standards for game audiovisual works and delivers cross-border digital content enforcement
guidance for global game enterprises.
Tencent holds exclusive Chinese copyright of Honor of Kings, a top mobile game whose
continuous in-game runtime images qualify as audiovisual works under Chinese law.
ByteDance’s Xigua Video recruited massive streamers to broadcast full game footage, set up
dedicated game live channels, and earned direct revenue from live gifts and advertising. Tencent
filed civil litigation with a Guangzhou IP court in 2019, submitting complete CCPC game
art & program registration certificates as ownership proof. Xigua Video argued the platform
only provided neutral storage services and should be exempt under the safe harbor
principle. Two fatal defects invalidated the platform’s defense: First, the platform built specialized
game operation sections and obtained clear commercial profits from infringing live content,
which eliminated the premise for safe harbor application per judicial interpretation. Second,
Xigua Video failed to pre-filter high-profile copyrighted game content or take proactive
monitoring measures, constituting subjective fault. The first instance court ordered ByteDance to
cease all related live broadcasts and pay 10 million RMB compensation; the Supreme People’s
Court upheld the judgment on appeal. The ruling forced the platform to restructure its entire
game live business, causing huge revenue losses, and set a nationwide precedent for commercial
streaming platform copyright liability.
Safe harbor exception for profit-driven content operation platforms (Judicial Interpretation
Article 11). Safe harbor immunity only applies to purely neutral network service providers
without direct economic benefits from infringing works. If platforms launch exclusive game
columns, operate live monetization channels or push copyrighted game streams to gain
advertising income, they bear heightened review obligations and lose the right to invoke safe
harbor.
Game running footage qualifies as independent audiovisual works. Composite game scenes,
character models, dynamic plots and background music with original creative arrangement enjoy
complete copyright protection, not merely graphic or software works. Unauthorized live streaming
constitutes infringement of the right of communication through information network.
CCPC registration’s evidentiary weight in platform disputes. Without official copyright
registration, overseas game firms face heavy burden of proof for original creation; courts often
order third-party appraisal with high costs and long cycles. Registered certificates directly shorten
litigation and raise compensation amounts.
Platform proactive monitoring obligation for famous works. For widely known hot games with clear
copyright ownership, Chinese courts rule platforms shall implement pre-screening filtering instead of
only acting after receiving takedown notices. Passive post-notice deletion alone cannot avoid
compensation liability.
Cross-border game filing reminder. Foreign game developers must complete CCPC registration
of game software, scene art and audiovisual materials before Chinese market launch to obtain
complete litigation evidence. Simple overseas source archives have weak probative power in domestic
courts.
China’s safe harbor profit exception rule for commercial live platforms reshapes liability
boundaries for domestic video sites. This landmark Honor of Kings litigation fully proves platforms
monetizing copyrighted game streams cannot rely on notice-takedown immunity, while CCPC
registration drastically simplifies cross-border game rights enforcement. For overseas game brands
entering China, pre-market copyright registration and binding platform copyright clauses are
irreplaceable safeguards against mass live-stream piracy and high-value compensation recovery.
Hyperlink List：
● Supreme People’s Court Game Copyright Judgment Announcement:
https://www.court.gov.cn/zixun/anli/202205/t20220518_357621.html
● WIPO Lex English 2020 Revised China Copyright Law Article 49：
