/Wei Xiaohan
sent the movie "You are a teenager" to the forefront of public opinion. In addition to the praise that triggered reflections on school violence, there is also a dispute among netizens about whether there is plagiarism in the original work. On the one hand,
is constantly refurbishing the box office records of movies. On the other hand, the Internet is filled with controversies about plagiarism and fusion of the original works. At the road show, the director Zeng Guoxiang said that he "has never watched "White Night". In the end, this reply rushed to the social media hot search list. The two parallel lines crossed, and the film was involved in the original public opinion whirlpool.
The debate on “plagiarism” of online texts is not new. In the age when the concept of IP has not yet prevailed, Jinjiang Literature City, which has many online novels, has become a controversial hub. The discussion ultimately did not arouse greater public opinion. Jinjiang also established its own Plagiarism reporting mechanism. As a large number of IPs have been adapted into film and television works to enter the public eye, the "plagiarism" wars of words have become more of a storm of public opinion with movies and TV series. The merits and entanglements of interest have become Rashomon that is difficult to clarify. The movie
in the eyes of the
storm exceeded 1.3 billion in 15 days and received more than 500,000 reviews on Douban, with a score of 8.4. This is a good result for director Zeng Guoxiang. The last film "July and Ansheng" that made him famous has a box office of 167 million and won the prize, which directly raised the audience's expectations for the new director. For the director Zeng Guoxiang and producer Xu Yuezhen to shoot the movie "You are a teenager", it was almost a snap-fit decision. Four years ago, producer Xu Yuezhen got the original story for the first time. She finished reading the 120,000-word novel in one day. She felt the "pain" of growing up from the teenager in the story, and she had the urge to shoot. The story was transferred to Zeng Guoxiang. He finished reading the novel in the same day. In the news he had read before, pictures of campus bullying flashed into his mind. The theme he had always wanted to express had a specific story. He called and told Xu Yuezhen : "I like it very much."
This is the starting point of the film "Youth in Youth". After the release, the troubles that followed were not anticipated by any of the creators. With the increase in movie box office and word-of-mouth, the criticism of "plagiarism" of the original work was topped by angry groups in the hot search on Weibo, and it was impressively tied with the movie name. People who condemned
frequently mentioned the concept of "convergence". They compared the key plots and the similarities in the relationship between the characters in the original work and the Japanese mystery novels "White Night" and "The Devotion of Suspect X" with a table. Ten List multiple places one by one. Previously, this method of item-by-item comparison was often used by readers of online literature as evidence to identify plagiarism in articles, and was called a "color palette." Fans of mystery novels even contacted the Japanese copyright owner and got a response from the other party for "further discussion". There was a lot of noise on the internet, and Li Yuan, the screenwriter of the movie, also "be in a bad mood those days." Since the movie was released on October 25, she continued to pay attention to the audience's discussion. At first, she just lurked silently on the Internet, until things got worse and hotter.
usually goes through the second creation of the screenwriter from the web IP to the script. In Li Yuan's view, there is a difference in the degree of reprogramming. "Some projects will be particularly faithful to the original, which may be what the readers of the original novel would like to see", but "You are a teenager" is another situation.
Before getting the original book "You Are So Beautiful", Li Yuan didn't pay much attention to online literature. "I didn't know who Jiu Yuexi was before, and I didn't understand the controversies (about the original)."
is the story's attention to campus bullying that moved her. "Previously (domestic movies) have hardly done this theme." The story of Chen Nian and Xiaobei showed her the possibility of "commercializing" movies with the theme of "campus bullying" and gaining more audiences-two talks Personal stories introduce social topics. Originally youthful novels can become movies that can be enjoyed by all ages. This "commercialization" model of
is common in IP-based film and television works. A popular online literary work is used as the basis, coupled with box office appealing young traffic. In addition to this, the main creator of the movie also has something to express. The original
is closer to a suspended story, and a realistic background was added to the adaptation. The film "You are a young man" has a three-person screenwriter team, which worked in the last film "July and Ansheng" directed by Zeng Guoxiang. Hong Kong writer Lin Yongchen was responsible for building the script outline, and mainland screenwriters Li Yuan and Xu Yimeng were responsible for designing more detailed parts-the protagonist’s high school life, the police, and Xiaobei’s fatherMother, Chen Nian's family, etc., make the protagonist more "down-to-earth." Chen Nian in the original book of
is a little stutter, with a personality like a "white rabbit" that needs to be protected. In the minds of the screenwriters, this girl should be stronger.
"In order to change her destiny, she is extremely focused on learning and can do nothing. It is written in the script that she always wears earphones in her ears and always listens to English when she goes to school and school every day. She was bullied very seriously and filmed. In the case of nude photos, she is most concerned about the book being torn and getting the book ready. These are her strong parts." Director
is more concerned about the stage of their life, which is the college entrance examination. Before filming, Zeng Guoxiang had watched a documentary on Maotanchang Middle School, which was famous throughout the country as "Asia's largest college entrance examination factory", and he was shocked. In the summer of the shooting year, he went to the college entrance examination site. In the crowded crowd, he captured many faces, students, parents, and put them in the movie. After the adaptation of
, the complex character lines in the original work have been deleted, and the main story lines of Chen Nian and Xiaobei are retained. In Li Yuan's view, the film and the original work are completely different creations.
"In my heart I always think that novels are novels, and scripts are completely different creations. As far as screenwriters are concerned, since there is a regular publishing house and a project, I really don't think about it a lot. I hope to use this more. , Do something more meaningful." Li Yuan said.
Rongzhe, whether to learn from or copy the
film over time, the controversy over the original "Rongzhe" has not subsided.
In her statement, she questioned the "palette" type of identification-"Unfortunately, the act of identifying fusion stems in this discussion has evolved into a broken, enlarged anti-plagiarism. One line of description, one sentence A brief summary can all be used as a stub. In the process of making the palette, there are also out-of-context, confusing content and creating similar situations."
This statement did not restore the overwhelming public opinion. The statement below is more than 50,000 Among the comments, the top five with the highest number of likes are still doubtful voices. "The Queen of Rong Geng"-Some commentators called her this, because Jiu Yuexi's previous novels were questioned by netizens, and there is a suspicion of "Rong Geng".
"Palette" and "Rongstalk", these two words originated from the online literature circle, because of the storm entered the public eye. In fact, this term is not unfamiliar among readers of online novels.
But later, the use of the "color palette" gradually exceeded the original scope.
In 2017, as the film and TV series "Three Lives III Shili Peach Blossom", which was adapted from online texts, became popular, a few years ago, the voice of readers questioning its plagiarism reappeared and evolved into a public event.
sent zero memories. As soon as I checked Weibo at that time, the Wuyang Wuyang color palette appeared, "The movie was also scolded". What is different from the past is that what netizens do is not to compare words and sentences, but to list the key plots and character relationships in the novel one by one, compare their similarities, and use a new term-"Rong Geng".
"I don't know when it started. The color palette has become a reader who summarizes some plots, or even outlines, of the two novels, and then compares them with each other. Sometimes it is not two files, but many files." Zero said.
She published an 8,000-character article on Weibo, "Talking about the Bad Thing of Plagiarism", from the similar plots of "Jing Hua Yuan" and "Dream of Red Mansions" to "Rashomon" and "Snow Mountain Flying Fox" In her view, the reader's method of judging "melting stems" with a palette cannot be used as evidence of plagiarism in a work. Because of this long article, the Weibo account, which originally had only a few hundred fans, gained hundreds of thousands of views and more than 2,000 comments.
According to Yuzhi, the original controversy on online plagiarism was concentrated in the small circle of Jinjiang readers, and very few were known to the public. Because the film and television adaptation attracted more audiences, it attracted wide-ranging attention and really entered the judicial process. less. Most of the time, the controversy hidden under the water eventually turned into a battle of words.
These rules are limited to handling disputes between two works serialized in Jinjiang. If it involves complaints about plagiarism of works off-site, the platform will not handle it. The turmoil about Nine Moons is outside the rules-Japanese novels "White Night Walk" and "Devotion of Suspect X" are not even Chinese works.
She supports anti-plagiarism, but she is more worried that anti-plagiarism will be "stigmatized" because of the argument. "If the anti-plagiarism is so smoggy, passers-by may think of these three wordsThere are many untenable arguments such as Rong Geng, as well as some people who spill dirty water and talk about it. If anti-plagiarism is stigmatized, this weapon is completely useless. The "Law of the Jungle" on the
platform
When netizens are making trouble for "Rongseng" and "plagiarism", the online literature platform has an ambiguous attitude. In the dispute over the plagiarism of Jiuyuexi, Jinjiang Literature City has no public voice. "The volume of works is too big, how can there be so much creativity? "An industry insider responsible for the review of online literary platforms and film and television adaptations told Shenzhen Yidu reporters that a medium-weight literary platform has about 20,000 signed works overall. Pick a category and there are thousands of works." How many character relationships are innovative in the work? Many are old and transplanted. "
was selected from a large number of online literature works to become candidates for film and television adaptations. It has to go through a cruel screening process. Taking the platform of the industry insiders as an example, they review five or six works every week. There are only 200 to 300 works that can be selected by the platform, and then five or so are selected to sign a copyright agreement. In the end, there may be only one that can be favored by large film and television producers and may be filmed.
novels at every turn One hundred thousand, millions of words, “we rarely encounter the situation of reading the novel through.” The industry insider said, “The content is directly at the heart of the people, whether it provides novel characters and stories, the difficulty of adaptation, operability, "Avoiding policy risks" is the main reference standard for them to make judgments. If there is a conflict with a certain item, it is difficult to be selected. Whether
is "plagiarized" is not in their selection criteria. The industry insider explained that the essence is On the platform is an "offensive attitude": "From our point of view, whether it is a manuscript or plagiarism, there is no difference to the platform, because the platform is to obtain more projects. "
Jinjiang told reporters that the market is an important consideration. "The works selected after a long period of fermentation and reader precipitation are generally fine works. The large original readers are a temptation for film and television adaptors. Human conditions". In addition, in the past two years, realistic themes have become more popular. "You are so beautiful" is one of them. The vice president of
Ali Pictures said "IP is king, no more screenwriters". In the past, with the shrinking of the film and television industry in the past two years, the proportion of film and television works adapted from online texts accounted for about a quarter of the market; in 2016, according to the industry report that year, among the top 100 IP works with influence, online novels Accounted for 61%. In 2019, there were only 11 web-text IPs with copyright fees above tens of millions. For a medium-sized company, most of the items purchased for copyright are millions. On the other hand, the industry chain of IP adaptation of film and television is too long, from novels and scripts to final video works. “Anyone can change the work, and in the end often encounter situations that are completely changed. It is not clear who owns the final work. In case of a lawsuit, I have reaped a lot of benefits and I am not afraid of the defendant. How much can he sue me? "
" If Jiu Yuexi has a plagiarism dispute, will you sign her work here? "The reporter asked.
" Yes, because the works are of quality and can make money, initially she would not naturally think that she was at risk of creating disputes. "
" does not speak proportionally. "
" screenwriter Yu Fei tried to establish some rules for the "plagiarism evaluation" of original works and scripts on the Internet.
Yu Fei is the deputy secretary-general of the TV drama screenwriter working committee of the industry organization and participates. I have written the scripts of "Six Groups of Serious Cases" and "The Electric Wave That Never Dies". With my own experience, I have been a third party to compare the scripts in plagiarism disputes since 2012. These plagiarism disputes involve popular IP adaptations. Film and television dramas, including "Three Lives III, Ten Miles of Peach Blossom", "Splendid Weiyang", "Blood Chang'an", and "Miyue Biography" writers and signature disputes. In his view,
uses the "color palette" to identify plagiarism "basically no Use ". "Who would be so stupid as to plagiarize all the words and sentences? People who really want to copy will change their faces, so the palette is useless. "As for Ronggeng, he once explained in the article, "Ronggeng is a derivative word that develops from reference to plagiarism. It's not clear whether it is borrowing or plagiarism, but it feels familiar and indescribable that the word Rongjie came into being. "
Plagiarism identification is not as simple as a "color palette" or a comparison of "melting stems", and it takes a lot of time and energy. Yu Fei is doing itWhen the "Miyue Biography" script was compared and controversial, it took two or three months. "The computer is carried on my back every day, and I have a little time to get it. There are more than 80 episodes of scripts, which are too large."
After appraisal of different works, Yu Fei usually writes an appraisal report of tens of thousands of words, summarizing the original plot points in the two works for comparison, as a reference for whether plagiarism is valid. “It’s normal to have a fault tolerance of 10%~15%. But sometimes it’s only 1%, and it’s plagiarism at a glance. For example, when I write about a person, I say, “Don’t abandon, don’t give up”. This is not just copying others. "Soldier Assault"?"
himself explored a set of methods-"three principles of plagiarism evaluation", that is, "disassemble the work into a logical chain composed of basic elements, and then compare the similarity of the logical chain to get A similar ratio." The opinions of industry professionals are sometimes used as legal reference opinions. Lawyer Wang Liyan, who once provided legal opinions on whether "Sansheng III Shili Peach Blossom" was "plagiarized", told reporters that intellectual property cases are complicated and involve the special laws of the film and television industry, and sometimes the opinions of industry experts need to be brought in for reference. In the court of Qiong Yao v. Yu, the screenwriter Wang Hailin was introduced as an expert assistant. In the hottest years of
IP dramas, many people who claimed to have been plagiarized and wanted to make a script plagiarism test came to it. Scripts have been sent to home constantly, and a stack of them has been kept in the cabinet; there are also film and television drama employers who have taken the initiative to find him. The employer of the TV drama "Hot Blood Chang'an" once asked him to identify a script that was plagiarized and controversial. The result of his identification was plagiarism. Netizens applauded the removal of the TV series.
He finished his anti-plagiarism identification work. "When being scolded, there is no positive energy around. There are people watching the excitement. No matter whether it is the pros or the opposing side, everyone will not help you out." In 2018, like Yu Fei, he ended his anti-plagiarism work. There are also some Weibo large-sized-anti-plagiarism, plagiarism today, romantic novel plagiarism reporting office, etc., in their farewell Weibo, "website cover plagiarism" and "attack by netizens" are all reasons to leave .
has no anti-plagiarism voice, the environment will get worse.
"If the show party knows that this is a plagiarism thing, it must be adapted and promoted, there must be a problem. But what is the controversy (the original "Young You" facing)? I have not determined whether it is plagiarism, so you can't blame people A movie or an actor can’t be beaten.” Yu Fei hasn’t done a plagiarism appraisal for more than a year. Recalling that he encountered online violence, he was still emotional. He once wrote in a Weibo private message at the end of 2017: "It is a good thing to be a chivalrous person, but the premise is not a shameless to sloppy rivers and lakes."
"Rongjie" is not a legal basis
when plagiarism disputes enter the legal link At that time, the concept of "melting stems" was invalid. Lawyer Wang Liyan believes that the practice of comparing similar "stalks" in works by netizens cannot be used as a direct basis for identifying plagiarism.
Wang Liyan believes that, compared with other types of cases, cases involving intellectual property rights are particularly complicated. After receiving the commission of "Sansheng III Shili Peach Blossom" in 2017, she watched the work, derivative TV series and movies more than once, and concluded in the legal opinion that it does not constitute "plagiarism". Even if
is judged to be plagiarism, there are actually difficulties in implementation. According to media reports, three years after Qiong Yao's sued Yu Zheng in the infringement case, Yu Zhengfang failed to fulfill the verdict. Qiong Yao filed for enforcement with the Beijing Third Intermediate Court in 2018. When
comes to the legal level, the penalty imposed on the infringing party is far from enough compared to the huge profits. "Qiong Yao sued Yu Zheng. The penalty was heavy, 5 million in compensation, but (Yu Zheng) definitely earned more than 50 million in three plays." Yu Fei said. The
intellectual property case involved complicated creative rules. Yu Fei recalled that in the court of the “Miyue Biography” screenwriter’s signature case, he presented to the judge the specific situation of the appraisal for one or two hours. “Judges rarely touch this Type requires knowledge of the law and creation.”
Wang Liyan introduced, the motivation of the "Copyright Law" is to promote the creation of works, rather than excessive restrictions. "It protects expression, not thought. For example, when a teacher writes a proposition composition, the work written by everyone in the class is different, which can constitute a unique expression, and the proposition can only be regarded as a thought. "
When the importance of anti-plagiarism has received increasing attention, has this "weapon" for rights and interests been abused? More than one person in the industryShi expressed concern. In other cases represented by Wang Liyan: "The parties said that other people's films were created based on his work. In fact, the connection between the two has never happened. When a just thing is misunderstood and misused, I feel heartache."
