Dong Yuhui has once again become the focus of public opinion. The anchor of "Walking with Hui" was accused of copywriting plagiarism.
"The live broadcast room with Hui Peer directed by Dong Yuhui is not partial plagiarism, but large-scale plagiarism." On January 29, the knowledge blogger "Yang Fan Talks about Art" (hereinafter referred to as "Yang Fan") who has more than 2.35 million fans on Douyin ) made a public announcement on Douyin, saying that "Walking with Hui" was suspected of plagiarizing his own original copy. "The content overlap reached 90%. It was used for commercial purposes when selling goods, and was also made into slices for playback. Isn't this plagiarism?"
January before this On the 28th, Yang Fan mentioned in a Douyin live broadcast that Dong Yuhui plagiarized his copywriting in the live broadcast room. Since then, public opinion has gradually fermented. In the video on the 29th, Yang Fan said that he was ridiculed and insulted by a large number of Dong Yuhui fans' private messages, "Is it right to do bad things because there are so many of you?"
"I am just an artistic person." Bloggers, however, were involved in public violence among fans. Many people scolded me with such unpleasant words that I couldn’t even say them out loud.” On January 31, Yang Fan said in an interview with The Paper, “For Regarding the matter of plagiarism, I hope that both parties can contact each other, and (Dong Yuhui) can call me for an explanation. I hope there will be a happy ending."
"I hope that all this can stop now, and I don't want to occupy too much of the outside world. Pay attention." Yang Fan told The Paper.
Earlier that day, Yang Fan said that his Douyin account was banned after it was launched that day. However, as of press time, the "Yang Fan Talks about Art" account can be reopened. Yang Fan himself revealed to reporters that after communicating with the Douyin platform, Douyin has unblocked his personal account, but it is inconvenient to disclose the specific reasons for the ban.
Regarding this controversy, The Paper reporter asked Oriental Selection and Youhui Peering, but there was no response as of press time.
Where does the controversial copy come from? Blogger: After reading relevant books, I personally created
specific videos involving plagiarism controversies, and explained Michelangelo's related videos to Dong Dong, the anchor of "Walking with Hui".
Yang Fan publicly listed three videos on Douyin when host Dong Dong explained Michelangelo with Hui, and they were similar to his own video introducing Michelangelo in his early years.
He said that Dong Dong’s content, structure, and vocabulary were almost identical to his own video, and he sorted out the relevant copy by searching more than a dozen documents. In addition, the picture of the Faunus sculpture that Dong Dong showed to netizens in the live broadcast room was also taken from his own video.
As for the specific creation process of the controversial copywriting, Yang Fan told The Paper that the copywriting was his own original writing after reading more than ten books. He showed reporters including "The New Cambridge Modern History of the World", "General History of Western Art", "European History" Sources cited in more than ten documents including "The Origin of the Modern Art Spirit", "Medieval and Renaissance Studies", and "Cambridge Art History".
"The specific logical structure and content of the copywriting are all my creativity. For example, when a red scholar publishes a research work on "A Dream of Red Mansions", he must refer to the original work of "A Dream of Red Mansions". "Those Things in the Ming Dynasty" was written by Mingyue that year, but "History of the Ming Dynasty" was his reference," Yang Fan said.
It is worth noting that some netizens have questioned that Yang Fan's copywriting was not created by himself, but plagiarized from programs once broadcast by CCTV. In response to this, Yang Fan responded to reporters that he only quoted some footage from documentaries that CCTV had broadcast in the video, and the copywriting was all his own creation.
In addition, Yang Fan said that all videos related to Michelangelo's copywriting are for public welfare and do not seek any commercial interests.
However, reporters from The Paper discovered that Yang Fan has already entered the live broadcasting business and has a live broadcast team. There are nearly 300 products in the product display window of his Douyin account. As of press time, Yang Fan is delivering goods live, but the number of likes and traffic data are not outstanding.
Public information shows that Yang Fan has a doctorate in fine arts, a member of the Chinese Artists Association, and is currently a lecturer at a university. As for whether Yang Fan's statement is true, there is no response from Hui Peer.
Does "Walking with Hui" involve infringement?
It is now difficult to verify whether Yang Fan's copywriting was created by himself. The focus of attention from the outside world is, if it is true as Yang Fan said, does Walking with Hui involve infringement?
Experts in different legal circles have different opinions on this.
"These copywritings are essentially written works. First, we need to check whether the copywriting used in Dong Yuhui's live broadcast room is substantially similar to Yang's copywriting. The comparison process is similar to checking for plagiarism in papers. The higher the degree of overlap, the more infringing it will be. The greater the possibility." Xia Hailong, a lawyer at Shanghai Shenlun Law Firm, told The Paper.
In addition, it depends on whether Yang owns the copyright to the copywriting work he claims. In judicial practice, if there is no similar work before Yang’s copywriting is publicly published, and the defendant has no other evidence, it can be determined Yang is the copyright holder of the original work. In the case of , if the copywriting of Dong Yuhui’s live broadcast room overlaps with Yang’s copywriting by as much as 90%, it can be considered as an infringement of Yang’s copyright.
Zhu Danning, a lawyer at Shanghai Huiye Law Firm, told The Paper that the objects protected by copyright must be original works. When determining whether copyright infringement occurs, it is necessary to compare the original parts of the alleged infringing video with the original video.
"If Yang Fan compiled the information about Michelangelo and went through certain creations, his video script showed a certain degree of creativity, and Dong Yuhui's team anchor directly copied Yang Fan's originality in the video script introducing Michelangelo. part, then it may involve copyright infringement." Zhu Danning said that if Dong Yuhui's team anchor only refers to public information about Michelangelo's life experience, character relationships and other public information in Yang Fan's video, and then tells it in his own language, It is difficult to determine that Dong Yuhui's team anchor constitutes copyright infringement or plagiarism.
"Whether it constitutes infringement or plagiarism, it is necessary to consider whether there is substantial similarity, rather than simply comparing the coincidence rate. If the two are substantially similar in terms of expression, the anchor copy of Dong Yuhui's team is suspected of constituting copyright infringement, otherwise it is generally not allowed It constitutes infringement and plagiarism. " Zhai Wei, executive director of the Competition Law Research Center of East China University of Political Science and Law, told reporters.
If the relevant copywriting was not created by Yang Fan himself, is Dong Yuhui's live broadcast room infringing? Xia Hailong said that even if the copywriting was not created by Yang but by someone else, as long as Dong Yuhui's live broadcast room is not authorized, it is an infringement.
In the new media era, how to face similar copyright disputes and how to define infringement? Zhu Danning told reporters that on the live broadcast platform, whether the anchor is performing impromptu performances or outputting content from prepared copy, if the content output by the anchor is different from the original works published by others (whether written works or audio-visual works) ) constitute substantial similarity and may be regarded as copyright infringement.
"If the anchor uses other people's works within the scope of fair use stipulated in the Copyright Law, such as appropriately quoting other people's published works to introduce or comment on a certain work or explain a certain issue, it will not be considered to constitute copyright infringement. "Zhu Danning said.
The blogger said that he is with Hui: he hopes to face the controversy head-on and deepen cooperation
It is worth noting that the anchor Dong Dong in question once apologized at the bottom of Yang Fan’s live broadcast room, saying that he had been watching the blogger’s videos during college and respected him very much. This blogger's creation does not mention the blogger due to platform rules. If it is used in the future, we will inform you in advance. But now this message has disappeared.
"I have not deleted Dong Dong's apology message." In response to online rumors that Yang Fan deleted Dong Dong's apology message, he told The Paper, "There are thousands of messages under that video. It is impossible to find his message specifically. out and deleted. He is just a child and is not mature yet. This matter should be resolved by the company. He wanted to resolve it through personal channels, but it was not resolved well." Yang Fan said that Dong Dong's "using (copywriting) will "Notify in advance" does not solve the fundamental problem of this matter, and it is difficult to completely calm the situation.
Yang Fan also mentioned that Dong Dong also watched his live broadcast and gave himself a gift of 500 yuan, "trying to kill himself", which was difficult for him to accept.
When asked whether he hoped Oriental Selection CEO Yu Minhong would come out to express his position, Yang Fan said, "No, this matter has nothing to do with him."
He shouted to Hui that he hoped to face the controversy head-on and continue to deepen cooperation in the future, "I don't want The public opinion impact of this matter has expanded, and I just hope for an explanation. I know some orphanages in Beijing, and I hope to donate some aesthetic education books to them. It is the Chinese New Year, and I hope everyone can work together to help these children. them."
