The " hacking storm" that has been chasing for nearly a month has finally come to an end. In the hot search on Weibo every day, " Sun Xing was caught today?", finally With the ending of the trial ended. The show has received a lot of attention since its broadcast in early August, and the cumulative broadcast volume has exceeded 3.7 billion on relevant platforms. When "Sweeping the Dark Storm" frequently made the list due to the topic of the plot and the popularity of the ratings, the intellectual property disputes outside the drama also formed another topic storm. In this issue, the Intellectual Property Rights of Wildebere is here to review the copyright disputes encountered in "Sweeping Black Storm".
(Picture source@扫黑暴官微)
1. "Sweeping Black Storm": The copyright dispute of film and television works adapted from real social cases
As we all know, the overall plot of "Sweeping Black Storm" It was adapted from several real cases, such as the Sun Xiaoguo case, the playground burial case, the Hunan Wen Liehong gang case, and the Hainan Huang Hongfa case. The stories that happened in the north and south have been merged into a fictional "Lvteng City in Zhongjiang Province".
The act of adapting a real case into a film and television drama and putting it on the screen has been hotly discussed by netizens. The daughter of the victim of the "Hunan Playground Burial" case has expressed "worry that the incident will be reorganized indiscriminately, and they have entrusted a lawyer to deal with the future infringement disputes related to the related film and television film." To be sure, real-life cases can be adapted into film and television dramas, provided that the adaptation must respect the facts. In recent years, many film and television dramas adapted from real events have appeared on the screen, adapted from " I am not the god of medicine" by Lu Yong incident, and " China Captain" which was adapted from Sichuan Airlines which successfully handled the air accident "," and this year's hit "Chinese Doctor" are all excellent adaptations.
(Picture Source Network)
The producer wants to change a social case into a TV series,Do you seek advice from family members? Do you need authorization from the victim’s family? According to the " Copyright Law", real social cases happen objectively, there are no original intellectual achievements, and they do not belong to the category of "works". Therefore, the creation of works (such as movies) in accordance with social events does not require the parties or other The consent of close relatives. However, if there is a corresponding connection between a work created based on a social event and a certain party (such as using a real name and a real surname), it may involve the protection of the party’s personality rights.
2. Short video copyright of "Sweeping Dark Storm", cooperation or infringement boundary is difficult to distinguish
With the popularity of "Sweeping Dark Storm" TV series, many TV series clips have also appeared on Douyin Fragments, these unauthorized short videos attracted the attention of one of the producers, Tencent Video.
(Picture source Douyin screenshot)
So, Tencent Video operator Shanghai Penguin Film and Television Culture Communication Co., Ltd. sued the Douyin operator Beijing Weibo Vision Technology Co., Ltd. to the Beijing Intellectual Property Court of _ span6span, requesting an order for Douyin to delete, filter, and block the infringing "Black Storm" videos on the platform, stop spreading the infringing videos through Douyin for illegitimate interests, and demand Douyin for compensation for economic losses and rights protection expenses A total of 100 million yuan.
Douyin said: "Sweeping the Dark Storm" has previously established a cooperative relationship with Douyin, and a third party cooperating with Tencent to host the show has opened an official account for the work on Douyin, and published 80 works that have earned nearly 10 million. Like it, it is still being updated. In addition, the cooperation also requires Douyin to plan operational activities such as hot topics for "Cracking Black Storm".
(Picture Source Network)
At present, in response to Tencent’s complaints, Douyin has taken some videos offline and closed some accounts. It is worth noting that in the list of suspected infringement accounts released by Douyin,There have been official media accounts such as CCTV TV series, China Changan Net, and Audiovisual China. According to the official introduction, "Sweeping Black Storm" was produced by the Political and Legal Committee of the Hunan Provincial Committee of the Communist Party of China, China Chang'an Publishing Media, the Publicity and Education Bureau of the Central Political and Legal Committee, the Central Political and Legal Affairs Information Center, Penguin Film and Television, broadcast There are CCTV TV drama channels, , Oriental TV, Beijing Satellite TV, Tencent Video and many other units. So which subject is cooperating with Douyin? Is CCTV's release of relevant clips on its official short video account also infringing? Will Tencent’s “one size fits all” copyright protection accidentally hurt friendly forces? It can be seen that it is still difficult to divide the infringement boundary of short videos. The lawsuit between Tencent and Douyin also remains to be seen.
3. Leading the on-demand to leak the complete works? Piracy of "Sweeping the Dark Storm" is rampant
"Sweeping the Dark Storm" is updated one episode a day, but in Tencent Video, in addition to the "Tencent Video Member" model, Tencent also launched another one. The paid viewing model of "advanced on-demand"-after recharging Tencent Video membership, additional money to watch follow-up episodes. Although the Shanghai Municipal Consumer Protection Committee criticized this behavior by name, Tencent also stated that it would "optimize advanced on-demand." However, since "Sweeping Dark Storm" started on-demand, pirated videos have flowed out on the Internet and spread quickly. Tencent Video is criticized by many netizens for its ugly appeal of respecting copyright while reaping copyright benefits.
(Picture Source Network)
Before the "Sweeping Dark Storm" finale was officially aired, some netizens discovered that the leaked version of "Sweeping Dark Storm" was circulating on some social platforms, suspected of "Sweeping Dark Storm" The complete works are listed impressively, with prices ranging from 1 yuan to 6 yuan. In the Douban group, posts that posted links to the complete works received more than two thousand comments within one hour. And these are just a microcosm of the spread of pirated complete works resources on the Internet.
Regarding the scene of "Sweeping Dark Storm" piracy rampant, the producer has no choice but to issue an "anti-piracy statement",Netizens and viewers are urged to watch the TV series "Cracking Black Storm" through a legal platform, not to watch pirated content, nor to forward or disseminate pirated content without authorization. But such a statement seems pale and weak in the face of the pirated links of major platforms dominating the screen. After all, for free or low-cost links to the complete works, few viewers can resist the temptation.
4. The opening of "Sweeping Dark Storm" involves plagiarizing other people's video material
When "Sweeping Dark Storm" was about to finale, a photographer issued an article accusing "Sweeping Dark Storm". Unauthorized use of video footage taken by him.
According to the photographer's self-report, two sets of images in his 22-second work uploaded to the photography website VJshi are suspected of being used in the title of "Sweeping Dark Storm". Among them, the first group of pictures starts from 0 seconds and lasts for 5 seconds, and the second group of pictures starts from 25 seconds and lasts for 3 seconds. The two groups of pictures last for a total of 8 seconds. Compared with the material he shot, the title of "Sweeping the Dark Storm" has been toned to change the exposure and tone of the picture, but it is obvious from the composition and scene that the two pictures are almost the same.
(Picture source network, above is the photographer’s work, below is the opening of "Sweeping Dark Storm")
In response to this situation, the late producer of "Sweeping Dark Storm" said: the show The beginning and end of the film are commissioned by a third-party film and television company. If infringement is involved, the company will coordinate with the photographer.
VJshi subsequently issued an apology statement saying that the contributor "Snowflake Star" had provided non-original works and violated the provisions of the VJshi network agreement. The company immediately banned its account and terminated the cooperation. VJshi.com also stated that it sincerely apologizes to the rights holders of the works, Zhengtong Culture and related parties involved in this incident. It is currently actively communicating with all parties and will bear due responsibilities.
"Sweeping Black Storm" is a phenomenon-level "anti-corruption drama" of this year.It has set off a climax of "anti-black" by the whole people, and the multiple copyright storms outside the drama will also become a new beginning for the copyright protection of my country's film and television works and short videos.
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