Editor's note: Apart from killing time, chasing stars, and learning about fashion information, what else can you do by watching dramas? Learn some legal knowledge. That's right, this is a small column to popularize the law, and it doesn't focus on the quality of the series. Legal professionals are welcome to contribute whb@thepaper.cn
After the fantasy-themed TV series moved to the left, "Fuyao", starring Ethan Juan and Yang Mi as the male and female protagonists respectively, finally broke the monotonous high-rise glass walls on the TV screen, but it did not make people His eyes lit up. When you click on it, ancient TV series adapted from well-known "big IP" such as "Flower Thousand Bones", "Qingyun Zhi", "Three Lives Three Worlds Ten Miles of Peach Blossom", "The Story of the Destiny", etc. flash through your mind.
is still the traditional way of growing up a strong woman in online novels: a heroine with a low birth status, through personal efforts and a series of coincidences, finally achieved a distinguished status that no one else can match, becoming a person above others, overlooking all living beings, Of course, the road to growth will not be smooth sailing. In addition to various setbacks and tribulations, although she will meet someone who loves her, there will also be some emotional pain.
If the general direction of the story and the overall production style make people feel strange and familiar, then the opening song and some storylines of "Swinging" make people truly understand what "Deja Vu Returns" is.
After the rise of the Internet platform, domestic TV series opening and ending credits were automatically skipped, so they were not taken seriously, and the issue of duplication checking was not very tight.
The online drama " Legend of Tears of Heaven: Phoenix Warriors " aired in October last year is known as "China's first science fiction palace pure love TV series". The title sequence is completely based on the 150-episode large-scale costume TV series "" produced by RecordTV in Brazil. The result of the re-editing of the opening sequence of "Belaventura" was that only the colors were adjusted, and the jeweled crown, armored knight, roses and marble sculptures with Renaissance elements appeared intact in a domestic costume TV series. But domestic audiences don’t care at all.
bullies domestic audiences by copying the title of a TV series from the other side of the world without watching it. This is a definite plagiarism. The creative title of "Fuyao" is very similar to the Korean TV series " Six Flying Dragons ", which needs to be determined as plagiarism.
The TV series "Six Flying Dragons" starring Yoo Ah In and Shin Se Kyung was broadcast in 2015. It has only been three years since now, and many domestic Korean drama viewers still remember it. "Fuyao" retains the main color, stealing the dragon and replacing it with the phoenix. The idea of releasing the avatars and names of the leading actors later is roughly the same as that of "Six Flying Dragons".
Many TV series titles are constantly imitated. The most typical example is the overlay title of the American HBO TV series "True Detective". After the TV series became popular, many American TV series like to use this technique, and it was also quickly adopted by domestic TV series. " This model is also used in the opening titles of "All Quiet in Peking", "Sparrow" and "The Hunting Ground" starring Chen Kun and Wan Qian . The recently aired TV series "Escape" still uses this model in the opening titles. The effect can be similar, but if the design ideas of the short film are repeated, it will be difficult to rely on "homage".
In addition to the title sequence, the first growth stage of the heroine played by Yang Mi in "Fuyao", and the Triwizard Tournament in "Harry Potter and the Goblet of Fire", the fourth story in the "Harry Potter series", There are also many similarities. Like Harry Potter, the heroine was originally not going to participate in the world-famous competition. Due to someone's calculations, she was signed up to participate in the competition. Her original rights were flawed, but she was later recognized by the organizer's senior management as having the right to participate. In the first competition They are all about fighting mythical beasts, and the last game is a puzzle that can make people create illusions.
Due to the high similarity, the "Harry Potter" series is too famous and has a huge fan base in China, the TV series soon fell into controversy.
Netizens compared the first six episodes of "Fuyao" with the plots of "Harry Potter and the Goblet of Fire"
The original novel of "Fuyao", namely "Queen of Fuyao" in Guiyuan Tianxia, does have an important game at the beginning. The original novel The sentence is like this: "(Yan Jingchen) He suddenly changed the topic.'A year later, the Zhenwu Conference was held in Pandu, the capital of Tiansha. The noble warriors from the seven countries gathered together to test their martial arts, military techniques, and strategies. They competed for the top seven in the world. The winner could take over the military power of each country. Master said, Xuanyuan The Sword Sect is represented by me and Junior Sister Pei Yuan. Tomorrow I will rush back to my family to prepare for the battle. '"
The organizer of this competition is not the organization where the male and female protagonists belong, and the list of participants is also limited, and the authority is not released. The heroine still appeared during the competition, and she was named by her senior brother Yan Jingchen's fiancée on the sidelines of the competition. Beat him up, then beat him up again He slapped his hand back, the whole process was very simple. After the adaptation of the
TV series, this game that was misappropriated from Hogwarts School of Witchcraft and Wizardry lasted for six episodes. The actor played by Ethan Ruan also made a special feature, "Sexy Xuanyuan, Online Rescue" It is very easy to understand why the TV series changed the external plot: firstly, to enhance the story; secondly, to allow the male protagonist and the female protagonist to have more interaction, increase the frequency of the male protagonist's appearance, and advance the male protagonist's appearance time; finally , save the cost of martial arts stunt doubles and special effects production costs.
Since they have already used the Hogwarts competition system, the schedule may be more exciting. As a result, except for the giant Tibetan yak that appeared in the first game, there are no fresh fantasy scenes. The last fantasy scene This scene is completely unscripted.
Xie Yanyan, the screenwriter of "Fuyao", is also a novelist. Her work, like the "Harry Potter series of novels", is a work in the memory of a generation, that is, "I" Crazy for Songs". People who have experience in writing. She may be more sensitive to the issue of copyright infringement and should be more deeply abhorred. Not only that, but Xie Yanyan’s choice to use the plot of "Harry Potter and the Goblet of Fire" is also difficult to understand - after all, in her opinion, this series of works is unique. The movie adaptation wasn't a success, it was even terrible.
Jie Yanyan’s 2012 Weibo screenshot
As to whether this similarity is a “homage” or “plagiarism”, the best way is to refer to Qiong Yao and Yu Zheng ’s discussion of the relationship between "Plum Blossom Brand" and
In the first instance judgment, the Beijing No. 3 Intermediate People’s Court held that “borrowing may refer to the mere use of ideas rather than expression, or it may refer to fair use. As for what kind of behavior is infringement and what kind of behavior is reasonable reference, in fact, the first thing involved is the boundary between thought and expression. Ideological borrowing does not involve infringement of the original author's original work, and usually does not involve copyright infringement; while borrowing in specific expressions, the proportion of the borrowed content needs to be considered, which includes the proportion of the borrowed content in the original author's works. proportion, and the proportion of the borrowed content in the new work. The measurement of this ratio must not only be quantitatively examined, but also considered from the perspective of the importance of the borrowed content and the originality of expression, that is, the qualitative dimension. The evaluation criteria also need to be analyzed and judged on a case-by-case basis based on the circumstances of the specific case. "
In the second instance, the Beijing Higher People's Court held that: "Just as the original judgment held, the identity of the unusual detailed design in the work should also be taken into consideration when comparing the similarity of the works... It was also believed that the audience's understanding of the two before and after The perception of similarity and appreciation experience between works are also important considerations in determining infringement. Combined with the corresponding online survey results, it is presumed that the audience has a relatively high level of similar experience in viewing experience. "
Yang Mi plays Fuyao
The plots of the first six episodes of "Fuyao" have inspired similar experiences from the public's senses. There is no ideological consistency with "Harry Potter and the Goblet of Fire", but the expression method has emerged. There is a high degree of overlap, but this section accounts for a small proportion of the entire article, so it is difficult to separate "copied" The label of "plagiarizing works" has been firmly placed on TV dramas. If similar phenomena continue in the future, then TV dramas that dilute plagiarism from multiple works may still constitute infringing works.
The four provisions of Article 10 of the Copyright Law , The right of adaptation is the right to change a work and create a new work with originality.At the same time, Article 12 of the Copyright Law stipulates that the copyright of works resulting from the adaptation, translation, annotation, and arrangement of existing works shall be enjoyed by the person who adapts, translates, annotates, and arranges them, but the copyright of the original work shall not be infringed upon when exercising the copyright.
Article 47 (6) of the Copyright Law also stipulates that without the permission of the copyright owner, the work is used for exhibitions, making movies, or using methods similar to making movies, or using the works by adapting, translating, annotating, etc. They should bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses according to the circumstances.
A major feature of private law requires private rights subjects to consciously and actively protect their own rights and interests. Koreans and British people do not advocate their rights. In many cases, the onlookers can only act as a backdrop for justice, waving flags and shouting from the outside. No matter what the reasons are for the problems in the TV series "Fuyao", it is worth thinking deeply and carefully for domestic TV series producers.
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