Is it necessary to take this step in adapting real events into film and television dramas?, Three years ago, "The Disappearing She" sought authorization from the parties involved to win favor and protect the society

The movie "The Disappearing She" that is currently being released has reminded some viewers of a pregnant woman falling off a cliff in Thailand in 2019. Recently, the party involved in the case, Wang Nuannuan, replied to netizens on a short video platform that the film company "came to Nanjing three years ago to obtain authorization from me.".

This move has gained a lot of positive feedback from netizens towards the film. Previously, someone wanted to film the burial case at the Xinhuang playground in Hunan. The family of the victim Deng Shiping stated that the film company had not been authorized by their family, and many netizens accused the film company of "riding on the heat".

This is a dilemma faced by film and television adaptation: not seeking the opinions of the parties involved and their families, and recklessly "demonizing" may harm their feelings and legitimate rights and interests; But the parties involved and their families are not professionals in film and television, and they may not understand even reasonable creations.

According to legal professionals, for movies adapted from general social events, although it is not necessary to obtain authorization and permission from the parties or their families, other legitimate rights and interests of the parties should be protected in the creation process.

Seeking authorization from the parties involved in "The Disappearing She" to gain favor

The movie "The Disappearance of Her" leads the box office for the Dragon Boat Festival holiday, and from the story background to the plot setting, many viewers associate it with the pregnant woman falling off a cliff that occurred before this. On June 9, 2019, Chinese woman Wang Nuannuan, who was three months pregnant, fell from a cliff in Ubun Paden National Park, Thailand and was seriously injured. After waking up, she told the police and media that falling off the cliff was not an accident, but was pushed down by her husband Yu Moudong. After three rounds of trial, Yu Moudong was ultimately sentenced to 33 years and 4 months in prison.

Recently, someone left a message on Wang Nuannuan's short video account, stating that they had watched the movie "The Disappearing She" and believed it was based on her true story. Wang Nuannuan confirmed this and stated that he came to Nanjing three years ago to obtain authorization from me.

The parties involved in the Thai pregnant woman falling off a cliff case replied to netizens on a short video platform

This behavior immediately gained a lot of favor from the film industry. Some netizens praised the film company for "not using it as a gimmick despite adapting based on real events, and having a high awareness of actively seeking authorization from the parties involved for copyright." Some netizens also expressed that "there is a significant gap between the main plot and the real case, and although authorization is not required, it reflects the film company's humanistic awareness.".

There is no "copyright" in the case

However, although the film's move has gained the favor of many netizens, the reporter learned from legal professionals that real social events and cases do not have copyright, and the prototype characters and stories are not protected by copyright.

According to Mr. Qu, who is engaged in legal work, what people refer to as "copyright" generally involves intellectual property rights in the legal sense, including copyright and patent rights. According to Article 123 of the Civil Code, intellectual property is an exclusive right enjoyed by the right holder in accordance with the law over eight categories of "objects" such as works, inventions, geographical indications, and trade secrets; According to the definition of the Copyright Law, a work refers to an intellectual achievement that is original and can be expressed in a certain form in the fields of literature, art, and science; The invention and creation in the Patent Law refer to three categories: invention, utility model, and design.

"Whether it is the 'pregnant woman falling off a cliff case' or the 'playground burying a corpse case', they are cases that have received widespread social attention and coverage. In the eyes of legal professionals, these cases and prototype characters do not involve the protection of intellectual property laws, so there is no concept of 'copyright'.". "In theory, if the film party draws on the case within a reasonable range, there is no need to specifically obtain authorization from the parties and their families."

The reporter learned from insiders in the film and television industry that according to relevant national regulations, when it comes to historical and cultural celebrities, it is generally necessary to seek the opinions of relevant regulatory authorities and obtain the consent of oneself or relatives. In some places, when it comes to honor recipients such as models and advanced figures, the consent of the individual or their relatives is also required. "There are no provisions in this regard for parties involved in cases or news events."

Other rights and interests of the parties are still protected

However, the most important reason why many real events that have been adapted into movies and TV dramas and many netizens believe that authorization should be obtained from the parties or their families is because they are concerned about the secondary harm that "magic modification" may cause to the parties involved.

The prototype character of the movie "Dear", Gao Yongxia, who tells the story of a child being abducted and sold to find his parents, once said that he cannot accept the plot of the movie characters kneeling down and sleeping with them. The prototype character of "I Am Not the God of Medicine", Lu Yong, has publicly stated that the profit driven plot of "selling medicine to make money" in the film has damaged his reputation. Previously, the daughter of Deng Shiping, the victim of the "playground burial case", stated that the family did not want the money from the production company, but rather the most basic respect.

Sun Haiyang, one of the prototype characters in the movie "Dear", finds his son

"If a film or television drama adapted from a case needs to be authorized by the winning party, should it also be authorized by the losing party?" Ms. Lu, who works as a screenwriter, has watched "The Disappearing She". "Although it can make many viewers think of the 'pregnant woman falling off a cliff case', the main plot is very different." In her opinion, a major difficulty in creating such a film or television drama adapted from real events lies in the "degree of mastery". "Film and television creation has a strong subjective emotional tendency, and sometimes real events are just inspiration and a clue, and the story is original. If we follow the wishes of the parties involved completely, how can we talk about creation?"

Ms. Lu has also sought the opinions of the parties involved, and the other party stated that they must be "positive", resulting in even an intimate scene feeling negative. Previously, there were screenwriters who complained that the family members of the parties involved had to provide opinions on everything from the proportion of space to the way the actors walked. In fact, she herself had not even seen the parties as relatives.

"Even if there is no explicit legal provision for early authorization, the legitimate rights and interests of 'prototype characters' are still protected." Mr. Qu said that film and television adaptations cannot infringe on the parties' rights to name, portrait, reputation, privacy, etc. "Of course, to prove their association with these film and television characters and their social evaluation being influenced by the film in court, clear evidence is still needed."

Should good stories receive rewards?

"Life is far more bizarre and exciting than movies and TV dramas."

Such comments are often seen in comments on various news events. In recent years, a series of real events have provided a solid foundation for the adaptation of film and television dramas, from "Journey Home" based on the real evacuation incident of Chinese diplomacy to "I am not the God of Medicine" adapted from controversial and highly topical cases. Ms. Lu said that a good script inevitably includes a solid life experience and visits. "Many details are not the parties involved, and sitting in front of a computer by the screenwriter cannot come up with them."

In the eyes of many netizens, the struggles, painful experiences, and even the sacrifices made by these parties have become a source of profit for film and television dramas. The parties involved should receive corresponding rights, including remuneration.

In 2020, Xu Zheng and Da Peng attended the opening ceremony of the outdoor film exhibition "I Am Not a Medicine God"

Mr. Qu introduced that in recent years, foreign countries have gradually established the "right to publicity" in the intellectual property field. A well-known figure's name, image, voice, or other features that the public can immediately associate with are all exclusive rights to themselves. In the personality rights section of the Civil Code of China, it is stipulated that "civil subjects can license others to use their own name, name, portrait, etc." In recent years, some legal professionals have also discussed that this right should include "other personality symbols" such as image and voice.

In the eyes of industry insiders, it is a "smart approach" for "The Disappearing She" to communicate with the parties involved in advance. In their view, if a film or television drama goes to court with the parties involved, even if they win the lawsuit, it is still a matter of losing reputation, which will affect evaluation and profits. This is not only a legal issue, but also a public relations event.