Started yesterday.
Xue Zhiqian's two topic words rushed to the hot search
On February 15th, Xue Zhiqian posted on Weibo, commenting on "Flying Life 2", but it caused huge controversy because of the pictures in the long article, "Xue Zhiqian Stealing Photography" went straight to the first place in the hot search, and the number of reads as of February 16 has reached 2300 million.
This morning, Xue Zhiqian posted a response!
What is it about a film review that can cause such controversy? Xue Zhiqian's film review on the 15th is as follows
Some netizens said that refusing to take a screen is a basic requirement for watching moviesIt is indeed inappropriate for public figures to take the lead in stealing photographs"Neither the film nor the audience".
Some netizens also said that although Xue Zhiqian's behavior did belong to "stealing photos".A few ** don't have any spoiler effect at allIt is not used for commercial purposes, and there is no need to go online
Some people also admit that they will take a few ** photos when they watch movies
Is watching a movie, taking pictures, and posting to Moments considered stealing? In 2021, CCTV-6 Movie Channel invited lawyer Zeng Wenwen, a partner of Beijing Tian Yuan Law Firm, to give a detailed explanation on "pirated filming". According to lawyer Zeng Wenwen, according to China's "Civil Code" and "Copyright Law", in addition to facing civil and administrative penalties, those who have serious infringement of theft are more likely to be sentenced to up to ten years in prison!
What kind of administrative or civil legal liabilities do people have to bear after filming? According to CCTV, according to the relevant provisions of the "Film Industry Promotion Law" and the "Copyright Law", people will face legal risks when taking pictures or uploading them to social ** platforms when watching movies. Intellectual Property Attorney explainsThe key to infringement is whether it is used for commercial purposes.
The lawyer said that if he researches, learns or appreciates it, and does not disseminate it, he does not need to bear the responsibility in the sense of the Copyright Law, butPosting on social media means making ...... public to an unspecified number of people
Lawyer Zeng Wenwen said that screen photography, as the name suggests, refers to screen photography in the process of watching movies, that is, audio and video recordings. Article 31 of the Film Industry Promotion Law stipulates that no one may make audio or video recordings of films being screened without the permission of the right holder. At the same time, the copyright of the film and its related rights are also protected by the Civil Code, the Copyright Law, the Criminal Law and other laws. Although there is no clear definition of "screening" in the existing legal provisions, we believe that the time from after the Dragon Mark to the end of the film screening and when the cinema lights are turned on is a "screening" and should not be screened.
Some viewers believe that taking pictures is not a "video" as it is mentioned in the law. However, the meaning of video recording refers to the use of optical, electromagnetic and other methods to record the image, and the final presentation form is "image" or "image + accompanying sound". In addition, in order to break through the physical defects of the photosensitive unit and the amount of light entering the lens, the current mainstream photography feature phones often use multiple shots to obtain the best effect by "stacking". Some brands of mobile phones, after entering the photography function, do not require the user to press the capture button, just secretly run the recording in the background to ensure that no potential shooting opportunities are missed. In other words,For mobile phones, the distinction between photo and video recording functions is becoming more and more blurred. Therefore, we believe that taking pictures falls under the category of "video".
Some viewers believe that in the film screening, ordinary photos or recordings are not disseminated for profit, but are only shared on social networks or saved by themselves, which does not bring obvious losses to the filmmaker, or even promote the film! First of all, the law has a clear prohibition, and if the law prohibits it, it cannot be done. Secondly, the key scene and key information, often a static ** or a fragment of the line, is enough to cause a destructive leak. If you want to share the content of the video on social media**, it is recommended to use official posters, stills, trailers, or posters displayed in theatersAt the same time, it will not affect the viewing experience of other audiences by raising the mobile phone screen.
The lawyer suggests that when the state issues regulations and technology to crack down on infringements, the audience should also develop good movie-watching habits. **Liaoshen Evening News (lswbwx) Comprehensive Orange Persimmon News, @今日影评mtalk, @央视网快看, Southern***Editor: Teng Lin.