Original title: Xue Zhiqian was accused of "stealing" "Flying Life 2" caused controversy.
On February 15, the entry "Xue Zhiqian's theft" rushed to the hot search on Weibo. Because Xue Zhiqian shared his feelings after watching the movie "Flying Life 2" directed by Han Han on Weibo, the 3 movie pictures shot in the cinema attached to the article caused a "theft" controversy. On February 16, he sent a limerick in response to questions, saying, "This heart is bright, and there is nothing to say."
Is watching movies and taking photos and posting them on social platforms such as Moments and Weibo considered "stealing photos"? On February 16, the cover news reporter of Huaxi *** interviewed copyright experts, lawyers, and senior practitioners in the film industry, and they mentioned that "whether the filmed things are used for commercial purposes" is the key to determining whether the act is pirated.
As of press time, the official Weibo of the movie "Flying Life 2" has not responded to this.
Xue Zhiqian took a movie and posted it on Weibo.
It caused a controversy of "stealing photos" among netizens.
The box office of the Spring Festival stalls in 2024 will reach 801.6 billion yuan, the film during the schedule attracted attention and discussion from all parties. On February 15, Xue Zhiqian shared his feelings after watching "Flying Life 2" on Weibo, and the movie screen picture caused a controversy of "stealing photos".
Some netizens said that Xue Zhiqian's filming content has no ** plot, nor is it used for commercial purposes, and there is no theft. Some netizens also said that refusing to take pictures is a basic requirement for watching movies, and it is indeed inappropriate for public figures to take the lead in "stealing pictures". Related topics are on the hot search.
On February 16, Xue Zhiqian composed a "limerick poem", suspected of responding to the question of "stealing photos". For his latest Weibo, many fans left messages of comfort, saying that his move was to help his friends promote the movie, "You're right". But some netizens are still puzzled and complain.
Is taking pictures and posting them on social platforms considered piracy?
Lawyer: It depends on the description of the rights holder.
In 2021, singer Naiwan also caused controversy for "shooting the screen in the cinema", and finally issued an apology.
Is watching a movie, taking pictures, and posting on social platforms considered piracy? Yao Cen, founding partner and director of Shanghai Hongsheng Daoyuan Law Firm, believes that around this hot event itself, it is first necessary to clarify the legal definition of the concept of "piracy", "At present, it is understood that this concept in China is not legal, and if it is only understood literally, it may refer to a kind of private photography without permission or in violation of the law, and does not include the dissemination after shooting." ”
Yao Cen believes that if this behavior is only concerned, from the perspective of basic social cognition and common sense, it is indeed uncivilized and inappropriate. From the perspective of legislation and management of the film industry, it also violates the relevant laws and regulations of China to promote the development of films. Relevant rights holders, such as film producers, publishers, distributors, and cinemas, have the right to take statutory measures to protect their rights, such as stopping.
Judging from this incident, the perpetrator may not only be suspected of "stealing photos" itself, but also carried out the act of dissemination. Combined with the actor's identity as a public figure, the impact of this communication act is still relatively large.
However, it should be noted that, judging from the actor's self-expression, it cannot be ruled out that the film-related rights holder instigated the act for the purpose of promoting the film. Both legislation to promote the development of films and legislation for the protection of intellectual property rights mentions that it is not illegal for others to shoot and disseminate with the permission or authorization of the right holder.
In general, whether it is "pirated filming" and illegal can only be further determined by the clarification of the rights holder of the film. No matter what the final situation is, Yao Cen still suggests that public figures pay more attention to their words and deeds, so as not to cause public misunderstanding and negative ** orientation, and avoid "willful and reckless".
Industry Insiders' Views:
The criterion for judging whether it is a pirated camera is "commercial".
Zheng Ye, a famous director and screenwriter, believes that whether or not to steal a film depends on whether the filmed thing is used for commercial purposes. If it is for commercial use, it is illegal.
But according to Zheng Ye's understanding of this matter, he thinks that Xue Zhiqian's ** is not a problem, and the promotion of the film is only beneficial and has no negative effects, so the filmmaker should not pursue it.
Zheng Ye believes that in the final analysis, to judge whether it is "stealing", the first thing is to see whether it affects the interests of the filmmaker, and the second is to see whether it affects the interests of moviegoers.
Zhang Tingyuan, president of Chengdu Zhidu Intellectual Property Research Institute and chief copyright expert of Sichuan Copyright Society, believes that movies are copyright works that the public likes to see, and it is not easy to go all the way from screenwriting, shooting, production, distribution to theaters, and the investment is risky. Consumers spend money to watch movies as a market return to the original and investors. It is the duty of citizens to respect originality and protect copyright. Filming and video recording are prohibited in cinemas, otherwise piracy will be rampant. Taking one or two pictures of your favorite characters and pictures with your mobile phone, as long as it is not used for commercial activities, just posting on Weibo and posting ** in Moments, without revealing the plot in detail, does not constitute an infringement of originality in principle.
Zhang Tingyuan believes that film is a special cultural and creative product, and in the context of intellectual property protection, we advocate the protection of works in the dissemination and the dissemination in the protection. If the ** filmed is not used for live broadcasting, product packaging, and product introduction, and is not for "making money", it does not belong to "stealing photos" in principle. However, except for those who intend to graft "porcelain" and commercial drainage.
It is understood that during the Spring Festival in 2023, "stealing photos" has also caused heated discussions. "The Wandering Earth 2", "Bear Infested with Me "Bear Core"", "Chinese Ping Pong: The Jedi Strikes Back", "Man Jianghong", "Exchange Life", "No Name" and "Deep Sea" 7 films collectively voiced their voices, calling on everyone to jointly resist piracy, strictly prevent piracy and piracy, strictly abide by and consciously maintain order.
Zhang Tingyuan suggested that the audience should not shoot the characters, pictures, scenes, and details in the film during the viewing process, and "make it public", and should have a bottom line and a red line, so as to form a copyright ecology in which the whole society "respects innovation, protects originality, and protects copyright from me".
West China *** cover news reporter Zhou Qin.
*: Huaxi***