Can I get on the bus first and then pay for the movie and TV drama infringement tickets?, Twice a day, the first hot search is about plagiarism, art | 30000 miles in Chang'an | infringement
Yesterday, two controversies involving infringement of the copyright of others in film and television dramas made it to the top of the hot search list. In the morning, a picture in the art setting collection derived from the animated film "Chang'an 30000 Li" was suspected to have infringed on the artist's work. The film company apologized and paid for authorization; In the afternoon, a web drama called "Seven Times Auspicious" was exposed, in which the prop sword plagiarized the anime "Qin Shi Ming Yue".
Some viewers are puzzled by this: the scene suspected of plagiarism does not seem to appear in the movie. If it is only used as a source of inspiration, is it also illegal? According to legal professionals, it is not illegal for the film company to only refer to the painting as a source of inspiration, but if the image and other elements in the painting appear in derivative film publications, it is considered infringement.
What happened behind the two suspected plagiarism incidents in a day? Industry insiders have stated that it is related to the division of labor in film and television production, as well as the work attitude of some practitioners.
Does not appearing in the movie constitute infringement?
On the afternoon of August 16th, artist @ EXCA_ Bao Xiaowang stated on Weibo that the art design collection of the anime film "Chang'an 30000 Li", which won both reputation and box office this summer, used his own work "Ji Le Tian" without his authorization.
In the evening, "Chang'an 30000 Miles" issued an apology statement, stating that "after being reminded by netizens," it was verified that the material was indeed used without authorization from the original designer. We apologize for the errors that occurred in the editing and proofreading work of the art set. The film company also stated that they have contacted and communicated with the designer themselves, reached an agreement, and obtained authorization for a fee. And @ EXCA_ Bao Xiaowang confirmed this result by not starting classes.
However, some viewers have noticed that they did not pay attention to the scenes and images in the movie. "Is it considered infringement if it is only used as a source of inspiration without being used in the work?"
However, the reporter learned from multiple industry and legal professionals that the netizens who raised questions misunderstood the key issue of this controversial incident. According to Luo Hong, who has been working in animation in the United States for many years, in countries and regions with developed animation industries such as Europe, America, and Japan, animation has a relatively complete industrial chain and a large number of derivative products. "Set ups" and "art collections" are the most direct products. "For example, almost every animated film by Hayao Miyazaki has a set up." Luo Hong said that the art collection mainly focuses on movie stills, while the set ups systematically introduce and explain the characters, scenes, props, etc. in the animation, including the inspiration and concepts of the film, "but the presentation is already a complete picture."
The controversial "Chang'an 30000 Li Art Setting Collection" is priced at 149 yuan. According to the Copyright Law, works referred to by the law are "intellectual achievements that can be expressed in a certain form", and inspirations and concepts that have not yet become reality are not protected. But in this set, the images created by this artist have already been printed as tangible works into paid books for sale. In the eyes of legal professionals, "the works of others can be used as inspiration for further creation, but directly printing and selling their works is considered infringement."
Last year, "New God List: Yang Jian", both produced by Chasing Light Animation, infringed on the same artist's work "Ji Letian"
In this apology statement, Chasing Light Animation stated that it has always respected creativity and creative workers, but was found that last year's work "New God List: Yang Jian" was already suspected of infringing on the same author's work.
On August 29th last year, the movie "New God List: Yang Jian" issued an apology statement. In a set of art concept creation materials released on that day, the film company included @ EXCA_ Bao Xiaowang's "Ji Le Tian", an "early design reference material for the film," as the concept design drawing.
How to distinguish the responsibilities of film and television industrialization?
Coincidentally, just yesterday afternoon, the online drama "Seven Times Auspicious" was also controversial due to the similarity between the sword used by the male protagonist in the drama and the "Mo Mei" sword in the anime "Qin Shi Ming Yue".
Regarding this, the production team of "Qin Shi Ming Yue" stated that the production team of "Qi Shi Ji Xiang" had not previously communicated, inquired, or obtained any authorization regarding music, images, or props. "Our legal team and lawyers have investigated and collected evidence on the infringement situation, and reserve the right to pursue legal responsibility for the infringement."
Shortly afterwards, a staff member who claimed to be in charge of props and swords in cooperation with the cast of "Seven Seasons Auspicious" @ Deep Sea Big Rice and vegetable roll said that the props and swords were purchased by himself in Hengdian props and weapons store. All props in the store were "genuine props for public sale", and he had no idea that they were derivatives of "Qin Shi Ming Yue". Subsequently, the official Weibo account of "Qishi Jixiang" forwarded this message and stated, "We have intensified the review and technical processing of the relevant images, and will also actively communicate with the relevant rights holders regarding follow-up matters."
At the beginning of "Seven Auspicious Times", the explanation forwarded by non real name and unverified netizens was not recognized by netizens
Although this statement has been questioned by many netizens as "throwing the blame", some industry insiders believe that it is "very likely", but the responsibility of the film company cannot end with an apology from a single staff member. At around 18:00 in the afternoon, "Seven Hours Auspicious" announced that the two episodes updated that night had been postponed to tonight due to "media reasons". At around 21:00 in the evening, the drama team apologized to netizens and "Qin Shi Mingyue" for not checking that the sword was original from other works. Subsequently, "The Bright Moon of the Qin Dynasty" also expressed understanding of the other party's unintentional mistake, and "both sides have reached friendly negotiations on relevant issues.".
"The industrialization of film and television brings project independence, and a film is completed by different teams from conceptual design to derivative development." Mr. Wu, who works in film and television production, said that today's directors are not only creators but also organizers, "responsible for controlling the final effect, but it is difficult to be hands-on in the details of the early stage. If the front-end control is not strict, it is indeed difficult to discover a concept map or a prop in the back-end."
In the responses to both "Three Thousand Miles in Chang'an" and "Seven Hours of Auspiciousness", it was mentioned that they were "reminded by netizens". "Three Thousand Miles in Chang'an" came to an end after the film was authorized by the artist for a fee, and "Seven Hours of Auspiciousness" is also being processed. In recent years, cases of compensation and settlement have repeatedly occurred, from songs, variety shows to movies and TV dramas, where the original authors or netizens have pointed out suspected infringement. In the eyes of industry insiders, compared to songs, details such as concept images and props are more difficult to detect. Mr. Wu sighed, "If there were a system to check for plagiarism, I would definitely use them." He also believes that "post ticketing" is a way to compensate for copyright disputes, "but the" ticketing fee "should be higher to prevent malicious plagiarism." At the same time, he emphasized that such disputes not only cause economic losses, but also damage the reputation of film and television dramas. "When the film company and various teams cooperate, they should strengthen the terms and constraints in this regard. On the one hand, it is easy to hold accountable, and on the other hand, every staff member should pay attention to copyright issues."
Give more time for creation
Some industry insiders also mentioned that the increasingly fast film and television production process is one of the important reasons for similar disputes. When communicating with domestic peers, Luo Hong found that searching for pictures online is a habit for many people. "It is necessary to search for information, and I also have an 'inspiration board' myself, but I must avoid works with the same theme that have already been formed." He sighed when he saw the scene of the creative team visiting museums and historical sites in various places to draw inspiration in the recent documentary film 'Fengshen First Part'. "This is definitely better and more confident than directly looking for ready-made works as inspiration."
The Miyazaki Hayao animation set preserved by Luo Hong, even these background images cannot be directly used from other people's works
"Searching for information takes time and requires a deep mind to complete one's own work," recalls Zhuang Peiling, a fashion designer at Shanghai Film Studio. In 1982, when filming director Yan Bili's "Love in the Pen," Shanghai Film Studio had limited information, so she went to the Film Bureau's reference room and Xu Jiahui Library to search for it. The details of the shoes in the film were discovered by her while searching for information, and she drew them and handed them over to the carpenters in the factory for production. Later on, when she participated in TV drama production, she clearly felt that filming was becoming more and more urgent. "In the past, when making movies, actors had to go to life. Later, as soon as the filming team was established, filming began immediately, and some TV dramas even produced 10 episodes a month."
A senior actor also told the reporter that she participated in a play broadcast in June this year, in which she played an important supporting role. "It's a shame to say that I didn't know what the end of the character was when I was shooting, and I didn't hand it to the room until 12:00 pm." She sighed, "In the past, when I was shooting a play, I entered the group at least one month ahead of time. Now sometimes a flyer is inserted at 3:00 am, and I have to go to make up at 6:00 am."
Zhuang Peiling expressed her hope that film and television dramas would "give more time to clothing design." "Nowadays, there are many film and television dramas, but what is lacking is high-quality products." Mr. Wu also believes that the industrialization of film and television should not be a streamlined process. "What is missing in the current market is not quantity, but carefully polished good works."
