Optimizing video will violate the Unfair Competition Law?

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Mubuer
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Optimizing video will violate the Unfair Competition Law?

Post by Mubuer » Sat Dec 09, 2017 3:05 am

In order to optimize my video, others can find my videos quickly on YouTube, I am going to use a name of famous video as my video's title's description. So that it will be a part of my video's name on YouTube.
For example:A title of my video is "RELIGIOUS PERSECUTION IN CHINA". I will use a famous video's name THE CROSS JESUS IN CHINA as my video title's description. So that it will be a part of my video's name on YouTube. Finally, my Youtube name will be The cross Jesus in China "RELIGIOUS PERSECUTION IN CHINA".

All of my videos are the non-commercial purpose. Does the way violate the Unfair Competition Law?

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AndyJ
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Re: Optimizing video will violate the Unfair Competition Law?

Post by AndyJ » Sat Dec 09, 2017 9:32 am

Hi Mubuer,

Many people would argue that there is no single thing as 'Unfair Competition law' in the UK, just a series of statutes and common law which aims to prevent anti-competitive practices in trade, such as cartels, monopolies, abuse of dominant position, restrictive trade practices and commercial stitch-ups etc.

But we needn't worry too much about that because it doesn't apply to the situation you describe. The civil wrong or tort we need to examine is called passing-off. Basically this tort says that if something (goods or services) has goodwill attached to it and someone else misrepresents their goods or services so that the public is confused into thinking that the second article is the same as the first, and this causes damage to the goodwiil in the first article, passing off is said to have occurred.

This is allied to trade mark protection, but can exist quite separately.

I don't know if the video The Cross Jesus in China has goodwill attached to it, but since you refer to it as 'famous', I will assume it does, at least in the market you appear to be aiming your video at. The second element is misrepresentation. This doesn't need to be deliberate or malicious, although in your case it would certainly be deliberate, and so I think that element would also exist. The final element, namely damage to the goodwill in the original Cross Jesus in China video, is less easy to evaluate. Certainly there would be no financial damage because obviously anyone can view videos on Youtube for free. However there may be some reputational value damage if a viewer clicks on your video thinking it is the other one, and is then disappointed by what they find. Not knowing the sophistication of your target audience, it is hard for me to say whether this would be a problem or not. And of course the other factor which I cannot comment on is the likelihood of the makers of the orignal video being sufficiently upset by your actions that they would want to sue you. I imagine that if they are upset, they are more likely to complain to Youtube first.

But taking a slightly wider view, it seems possible that, given its title, the Chinese authorities might wish to prevent access to your video within China, and their actions could also affect access to the original video, assuming that it does not attract the unwelcome attention of the Chinese censors at present. So in that way, damage might be caused to the other video's reputation, and hence the makers of the original video may have grounds for bringing a passing-off claim against you, or at the very least, persuading Youtube that they have a case.

I hope this answers your question.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

Mubuer
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Re: Optimizing video will violate the Unfair Competition Law?

Post by Mubuer » Sun Dec 10, 2017 7:20 am

Thanks for your help! I can understand it.

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