China Central Broadcasting Network, Beijing, February 1 News (Reporter Wang Ning) Recently, the blogger "Yang Fan Talks about Art" with millions of fans released a video saying that his copywriting was plagiarized on a large scale in the live broadcast room of "Yi Hui Peer". Yang Fan said that "the content, structure, and vocabulary of Walking With Hui anchor Dong Dong's explanation of Michelangelo are almost exactly the same."
html On January 31, Yang Fan told reporters that the explanation video of the host You Hui is 90% overlapped with his own content, including the wording and keywords. When selling goods, it is commercially available and sliced into short videos. Plagiarism. On the same day, the reporter sent a private message to a certain platform account of Hui Tongtong and expressed that he wanted to know the relevant situation. As of the time of publication, no response had been received.Yang Fan also said that the infringement itself was not serious and he was just complaining. "I posted two videos. In the first video, I said it would be better if it had my name on it, and then some fans attacked me online. In anger, I posted the second video, which was very emotional, and then netizens left messages It exploded, and many people abused and attacked me personally." Was the content of
's live broadcast plagiarized? Blogger: The overlap reaches 90%
Yang Fan listed the similarities between the video explained by fellow anchor Hui and his own content (the picture posted by CCTV is from "Yang Fan Talks about Art")
The blogger "Yang Fan Talks about Art" published two The video listed the similarities between three videos of Walking with Hui anchor Dong Dong explaining Michelangelo and his own videos introducing Michelangelo in his early years, including content, structure, terms, pictures, etc. Yang Fan told reporters that the explanation video of the anchor You Hui overlaps 90% with his own content.
In response, Dong Dong, the anchor of Walk with the Fai, said during the live broadcast that some teachers' works may be used when explaining art, but there is no intention to offend. If you have any questions, you can communicate in time. Dong Dong also claimed that his message to "Yang Fan Lectures on Art" was deleted. "Yang Fan Talks about Art" claimed that it had not been deleted, and that it would not pursue commercial plagiarism, but hoped that the other party would state the source of the citation.
Fu Jian, director of Henan Zejin Law Firm, said that the key to whether a commercial live broadcast about content that others have published publicly is suspected of copyright infringement is whether the content posted by others constitutes a work, whether it has copyright, and whether it constitutes fair use. .
He said that a work refers to an intellectual achievement of a literary, artistic or scientific nature that is original and reproduced in a certain tangible form resulting from the author's creative activities. If the content published by the blogger is original, it will constitute a work. However, the live broadcast room "Walking with Hui" is profitable and the content described by the anchor has commercial value. Therefore, it may not constitute fair use of copyright and is suspected of copyright infringement. .
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said that the content in the live broadcast involves performances and other forms, so the live broadcast itself is copyrighted. Take the blogger's talk about Michelangelo's master-disciple relationship as an example. If the live broadcast content is expressed in a way that is easier for people to understand, rather than copying and pasting the content, strictly speaking, it does not necessarily belong to infringement. However, if you completely copy and paste the clips and copy of the live broadcast, it is a typical infringement. The special point of this incident is that part of someone else's copywriting and script, including part of their thoughts, may be expressed in another way. The carrier and expression form may be different, but the content is highly similar, or the key points of the script are highly suspicious. Therefore, triggering infringement disputes. How does
define plagiarism? Lawyer: Consider based on different situations
In recent years, plagiarism controversies have continued to occur in film and television dramas, short videos and literary works, such as: Audi advertising and marketing videos were accused of plagiarism, and well-known film and television dramas "Three Lives Three Worlds Ten Miles of Peach Blossom" and "The Legend of Zhen Huan" Falling into plagiarism scandals, etc.
According to the provisions of the Copyright Law of the People's Republic of China, any unauthorized copying, distribution, rental, or exhibition of works without the permission of the original author shall constitute infringement.
Zhao Zongyan, a lawyer at Shandong Haode Law Firm, said that from a legal perspective, copyright protects expressions but not ideas.In literary works, the connection and logical sequence of plots closely integrate the entire plot into a complete statement of personalized expression. This organic combination of sufficiently specific character settings, plot structure, and internal logical relationships can become protected by copyright law. Express. Literary common sense and factual statements may be common expressions in literary works in isolation and are not original. However, if the combination of these sentences can reflect the author's unique conception as a whole, then the sentence composed of these sentences will still be original as a whole. To determine whether plagiarism constitutes plagiarism, you need to consider different situations. In practice, the judgment standard of "contact + substantial similarity" is often used. "Substantial similarity" means that there are substantial differences in expression between the later work and the earlier work. Similarity enables readers to have a similar appreciation experience. It follows the comparison method of side-by-side comparison and comprehensive judgment. In summary, it can roughly include the publication time of the work, originality and text similarity, contact possibility, comparison of work characteristics, The status and function of using words.
Zhu Wei said that although ideas are not protected by law, once a fixed pattern is formed, such as scripts and copywriting in live broadcasts, they are protected by copyright law and do not require the author to register in advance. The boundary of infringement lies in whether the text is completely copied. Different people can tell the same content in different ways, and patterns and ideas can also be learned and imitated. But if most of the copy, scripts and pictures are the same, it is a typical infringement. “Now some large video platforms have inspection mechanisms. If the content is found to be highly similar or the copy is plagiarized, the platform will take it off the shelves and notify the author whether Infringement report."
Zhu Wei also said that during use, not all situations may be infringements. For example, if the use is for teaching purposes, there is no commercial benefit, and the source of the original copyright owner is indicated, and it complies with relevant regulations, etc., this situation falls within the scope of fair use in terms of infringement determination; in addition, when commenting on a certain When quoting someone or something, quoting the other party's words or opinions, the source must also be marked, and it does not constitute infringement; if it is just borrowing or quoting, or most of the content is different, and you just express the original content in your own way, this situation Generally speaking, it is difficult to identify it as infringement; there is also creative imitation. For example, after a type of video becomes popular, more bloggers will make this type of video. This kind of imitation is a creative way to make videos, such as more Shooting, multi-lens switching, etc. are not within the scope of copyright protection.
Fu Jian said that if plagiarism is proven, legal liability can be pursued in accordance with the law. In addition, infringing the copyright of others will affect the creative enthusiasm of the original author and even his due income. For consumers, they may not be able to obtain high-quality original content due to the existence of plagiarized content. Live broadcast rooms focusing on culture should pay more attention to respecting and protecting intellectual property rights, and focus on guiding fans to respect the law, respect the rights of others, and establish legal awareness.
(Source: CCTV)
