is constantly pushing, kicking, and scolding, the person being beaten is bleeding, and the person who beats the other person pulls the other person and makes a move to throw him off the city tower... Recently, a video of a conflict in a certain crew filming scene was exposed, which has sparked heated discussions online.
Subsequently, the crew issued an apology statement, admitting that "the assistant director had a conflict with the filming agent and beat people on the spot when maintaining order in the shooting scene. After the incident, the injured person was sent to the hospital and fired the assistant director." The apology letter also pointed out that the cause of the incident was "During the filming of the crew, the filming content of the script was leaked by the 'scalper' many times. In order to ensure that the filming content of the filming of the drama was not leaked, the assistant director Zhu, who tried to dissuade the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the filming of the
Although beating people is wrong, is the behavior of shooting on behalf of others legal? In fact, conflicts between celebrities, crews and filmmakers are common. Many celebrities and crews have condemned filmmakers in public speeches and called for boycott of filming .
So, why does the shooting in large quantities exist? Does filming infringe on the rights of celebrities and crew? How to rectify the chaos in shooting on behalf of others? With these questions in mind, the reporter conducted an investigation and interview.
"Twisted Fan Circle Culture" Comic: Gao Yue
"Long-term photography by Hengdian, I have taken countless pictures, rich cases" "Male artists' real horse series, 100 photos, 300 yuan, 200 yuan per video, 500 yuan, 3 videos plus 100 photos"...
This is a slogan that a reporter from " Rule of Law Daily " recently saw on a blogger's website. Among the more than 2,000 blog posts published by the blogger, most of them introduce the Reuters content of the stars photographed on the shooting site. Among its comments, many fans left comments saying that they "want to collect pictures."
Photographing on behalf of others, that is, taking photos on behalf of others, is a product of traffic economy under in the entertainment era. The filming staff squatted at airports, hotels, shooting sites, etc. where celebrities were inhabited, and then labeled the photographs and videos of the stars as "first-hand materials" to sell them to fans at a certain price.
The experts interviewed by reporters believe that the group of filming agents is growing and filming agents has become a business, which is the product of the abnormal development of the fan economy and is a pathological economic behavior. There are many legal risks in shooting and subsequent transactions for celebrities that are omnipresent tracking and shooting, and they may not only infringe on celebrities and crew, but their excessive behavior may also violate the Public Security Administration Punishment Law and even Criminal Law . The chaos in shooting must be rectified.
generation shooting group is growing stronger and stronger
has become a business
The reporter followed the "Star Chasing Agent Shooting Peripheral Transfer" super talk in the blogger's blog post, and after clicking into the link, he saw that a large number of filmmakers were selling airport pick-up photos, crew shooting photos, event scene photos and hotel photos, including those who imply that the artist's travel itinerary is selling. Some fans left messages saying "I want to collect/squat ×× itinerary/Reuters picture". After the reporter posted on the topic with the same copy, six photographers contacted him by leaving messages or private messages within an hour, saying that they could provide relevant photos, ranging from 80 to 100 photos in a group, with prices ranging from 300 to 500 yuan.
There are many topics on the Internet like "Star Chasing and Agent Shooting Peripheral Transfers". There are a large number of filming personnel in each topic. Some claim to have been stationed in major film and television shooting bases for a long time, and specialize in filming crews currently being filmed; some claim to be "Airport Station Brother", mastering first-hand star flight information, and taking photos of celebrity airport departure and arrival photos.
The reporter contacted multiple filmmakers and found that different filmmakers also had different quotations of photo albums of the same star, and they basically did not accept bargaining. The price differences between different stars were larger, mainly "judging from the status and the number of fans". The activity albums of more expensive male traffic stars can even be sold for thousands of yuan.There are also accounts that you can bid to "buy out" the relevant pictures and video materials of celebrities, but the price is much higher.
Zhou Xiaoying (pseudonym), who has been chasing Korean stars for many years and has become a "big fan" (a fan with the right to speak) in the fan group, has contacted many filmmakers due to star chasing reasons. According to her, generally, celebrities who can name their names will have an official fan club and many "station sisters". " Station Sister " is mostly ordinary fans, and its main function is to take everyone to chase stars and post photos of the event. "Station Sister" is actually the main customer group of filming agents.
"Celebrities always run from all over the world, and the 'Station Sister' cannot follow closely every time. Therefore, if you want to send pictures instantly and show your status as a 'big fan', sometimes you will find a filming agent to buy some pictures and materials, and after processing it, it will pretend that you went to the scene." Zhou Xiaoying said that judging from the shooting situation she came into contact with, there are those who work as a full-time film and television agent, who have been stationed in Hengdian Film and Television City for a long time; there are also staff at events or shooting venues that do part-time jobs, such as security personnel at some performance venues, who use their professional convenience to shoot stars.
Zhen Jingshan, deputy director of Beijing Xingquan Law Firm, believes that the group of filming agents is growing and filming agents has become a business, which is a product of the abnormal development of the fan economy and is a pathological economic behavior. In recent years, with the continuous development of the economy and society, fans' star-chasing behavior has also undergone tremendous changes. The fan economy has gradually upgraded to a comprehensive development of "stars" including support and rankings, endorsement product purchase, derivative consumption, professional fans, fan platform operation, etc., and has shown an industrial development trend.
"Providing filming services to fans is a form of expression of the fan economy. It uses fans' fanatical love for celebrities, ignores the legitimate rights and interests of others, and uses illegal means to seize improper benefits, and fully demonstrates the bad nature of capital pursuit of profit." Zhen Jingshan said.
Ma Lihong, deputy director of the Cultural and Tourism Professional Committee of Beijing Lawyers Association and lawyer of Beijing Deheheng Law Firm , said that the emergence of filming agents is mainly to cater to some fanatical star-chasing people and some celebrities' desire for exposure. However, due to its lack of norms and guidance, there are frequent disorder, disorder and even violations of the law, which not only seriously interferes with the public order of society, but also brings extremely negative demonstration effects.
causes conflicts to become increasingly acute
has multiple legal risks
In recent years, conflicts and conflicts caused by filming agents have become more and more frequent, and more and more celebrities and crews have spoken up about filming agents.
In July 2020, the crew of the online drama " Haoyixing " had a physical conflict with the filming staff. The official of "Haoyixing" then issued an apology statement, indicating that it was the crew's crew's scene Ma and the party Zhu, and Ma had been fired. During the filming of "Sword of Fairy 4", there was also a conflict between the scene and the filming agent, and the filming agent was tied to a tree.
On June 16 this year, the crew of "Walking with the Phoenix" issued a statement saying that it advocates the healthy development of the industry, calls for the protection of the seedlings of works, and boycotts all infringements such as filming. On July 9, the crew of "Worry-free" issued a statement saying that irrelevant personnel broke into the private rest area of the starring Ren Jialun without authorization, and spread information about the crew and actors online. The crew expressed their determination to resist bad behaviors such as sneak shots and Reuters.
A industry insider told reporters that when filming, crews usually make confidentiality requirements for artists’ clothing, styling, plot, etc., but the ubiquitous shooting agents will leak the artist’s work content in advance. Even because they use their extreme shooting methods, it may affect the order of the work site. “Sometimes there are a bunch of big men who carry cameras on the scene, and when they are discovered, they are fans. The camera may be captured and lead to misunderstandings. The conflicts with the staff when maintaining order also occur, which affects the shooting progress.”
In addition to following the crew filming, there are also filming agents who deliberately filmed female celebrities' skirts, surrounded celebrities at the airport, and caused chaos in the traffic of the crowd... Various filming chaos happens from time to time. Chapter Ziyi , Wu Jing , Hu Ge , Li Xian and many other artists angrily denounced filming and called for boycotting such behavior.
The interviewed experts pointed out that filming may cause many legal issues and is a product of wandering in the gray area.
Zhen Jingshan said that for celebrities , the shooting agency may infringe on their legitimate rights and interests. First, the shooting agency shoots them without the consent of the stars, and even resells the shooting results, which constitutes an infringement of the right to the stars' portrait; second, according to the Civil Code provisions, no organization or individual may infringe on the privacy rights of others by means of spying, intrusion, disclosure, disclosure, etc. If the shooting agency involves the private space, private activities, and private information of the stars, which interferes with the peace of their private life, it constitutes an infringement of the privacy rights; second, if the shooting agency shoots with bad means, or the filming content is suspected of vilifying the stars, the disclosure of the shooting content will lead to a significant reduction in the social evaluation of the stars, and may also infringe on their reputation rights; finally, the shooting agency often illegally obtains the information through various means. The star's address, phone number, whereabouts information, etc. These behaviors constitute infringement of the star's personal information.
For the crew, filming agents will not only infringe on their legitimate rights, but may also cause huge losses to them. The crew or producers enjoy complete intellectual property rights for the film and television series they produce, such as copyrights for stills, styling, sets, lines, performance content, etc. The filming agent shoots the above content and resells the shooting results with the above content, which constitutes infringement of copyright. If the crew takes confidential measures at the shooting site, the filming agent takes illegal means to shoot, and the filming content is content that is not known to the public, it may infringe on commercial secrets. At the same time, if the filming agent takes distractions In severe cases, the filming methods or behaviors of filming may cause the crew to stagnate the crew's shooting and cause serious economic losses to the crew.
According to Ma Lihong, filming agents may face the risk of administrative penalties. Photographers usually gather in public places such as airports, hotels, and star events, blocking entrances and exits, and bridges to take photos, and some even affect the order of public places. Among them, there are even bad actors who refuse to leave after being dissuaded by the on-site managers or fight back violently, which are suspected of disrupting public order.
Ma Lihong said that filming agents also have the risk of violating criminal laws. Behind the shooting agent is an industrial chain that illegally obtains, provides or sells celebrity personal privacy information. The star ID number, address, mobile phone number, itinerary, flight number, hotel check-in are all sold by "scalpers". If the photographer wants to complete the "order", he needs to purchase or receive the above information. my country's Criminal Law stipulates that stealing or illegally obtaining citizens' personal information by other methods will constitute a crime if the circumstances are serious.
Strictly rectify the economy of fan circle
Clean up the breeding soil for filming
Boyed by stars, "blocked" by the crew, and kept complaining about it. Why can filming errands and be "played around" in the fan circle?
"There is a huge potential market for shooting agents." In Zhen Jingshan's view, the fundamental reason for the large number of shooting agents is that some fans have improper star-chasing concepts and distorted values, which makes them willing to pay for shooting agents. The filming agent meets the abnormal psychological needs of fans to chase stars, and has a wider market in the fanatical fan economy that is developing irrationally at this stage. At the same time, for the photographer, he can earn economic benefits, or even huge economic benefits. At this stage, the accountability of the photographer needs to be strengthened. Whether it is the infringing of the rights or the relevant departments, there are certain shortcomings in the accountability of the photographer's illegal behavior, which leads to the photographer's fearlessness.
Ma Lihong believes that traffic economy has derived fan circle economy, and fan circle economy is a survival soil that has been repeatedly banned by the behavior of filming. In addition to the reasons for fans, the abnormal ecology of fan culture has also been boosted by capital, brokerage companies, marketing accounts, platforms and other parties, and a gray industrial chain has been formed.
She introduced that first, the "scalper" collects flight information and sells it publicly. After purchasing it, the photographer waits at the airport according to the celebrity itinerary. After taking the photos, he will sell it to the "star station" (the unified name of fans for celebrity official websites, fan clubs, fan forums, etc.). Later, the "Star Station" sold the peripheral products produced by these photos, such as albums, posters, albums, desk calendars, etc. to fans, and the fans finally paid for the filming business. After layers of price increase by the photographer and the "star station", a photo may eventually be packaged as a "sky-high" product for sale. It is precisely the complexity and huge profitability of the interests of each subject that has caused the behavior of shooting agents to be repeatedly banned.
Zhen Jingshan believes that there is currently a great difficulty in managing agents. The public does not have enough understanding of the harm of shooting agents, and shooting agents are also confusing, and it is often difficult to distinguish between "shooting agents" or "real shooting". In addition, agency transactions are concealed, and agency transactions are often conducted online through social groups or websites, which are not easy to be discovered and regulated. There is a lack of effective regulation on shooting behaviors, and there is no clear and systematic regulation of the qualitative and regulatory measures for shooting behaviors at this stage.
"Traffic has indeed driven the fan economy, but on the other hand, it is precisely because of the distortion of fan circle culture that has led to chaos in the filming industry chain. The chaos in the filming industry not only violates morality, but also challenges the bottom line of the law. It is not only an infringement of individual legitimate rights and interests, but also a blasphemy of public interests. Therefore, it must be rectified." Ma Lihong suggested that relevant departments and industry associations should issue relevant normative documents to explicitly prohibit profit-making by shooting; various departments jointly rectify, cut off the filming industry chain from the source to the terminal, and hold relevant personnel accountable.
Ma Lihong believes that the Internet environment should also be purified, the fan circle economy should be rectified, and information suspected of infringing on the rights of others should be prohibited. "Big fans" and "Station Sister" who mislead fans to brush orders and implement mental control of fans should be severely cracked down on "big fans" and "station sisters" who implement mental control in accordance with the law.
Zhen Jingshan suggested that the soil for breeding of agents should be cleaned up, cut off the interest chain of the agents' industry, ban and shut down the online platforms for operating agents' business, and rectify social groups and public accounts that publish and integrate agents' information. At the same time, we strengthen positive guidance in the society, and create a healthy atmosphere in the entire industry to safeguard legitimate rights and interests, resist and despise filming, and despise filming through various forms such as celebrity voices, industry organization initiatives, and fan participation.
Source｜Legal Daily
