Chao News Client Reporter Jin Meng
html On February 16, the topic " Joker Xue stolen photos" topped the list of hot searches.
This originated from a Weibo review posted by singer Xue Zhiqian the day before, " speeding life 2". In the long article, many of the accompanying pictures are movie scenes shot in the cinema. As a result, there was a heated discussion about "stealing" on the Internet.
Xue Zhiqian's Weibo post
Some netizens pointed out that filming the main movie scene in the cinema and posting it on Weibo was suspected of copyright infringement. "Screen photography not only involves copyright issues, but also affects the viewing of other viewers."
Screenshot of netizen comments
Screenshot of netizen comments
Screenshot of netizen comments
Some netizens believe that the scenes shot by Joker Xue are scenes that have appeared in promotional videos , and it may be due to the need for movie promotion, so there is no need to pursue it too closely.
Netizen comment screenshot
In fact, in our lives, the act of shooting movie scenes is not uncommon. Every time a popular movie is released, there are always a few photos of the movie in the circle of friends. So is this behavior legal?
Zhou Zhaocheng, a lawyer at Beijing Anjian Law Firm, said in an article that piracy refers to the act of photographing, recording, or videotaping works created by others without the permission of the copyright holder, performer, or other rights holder, and then These materials are used for public dissemination, commercial exploitation or other purposes that infringe the rights of others. At the same time, the "Film Industry Promotion Law" clearly stipulates that no one is allowed to record or videotape movies being shown without the permission of the rights holder. Therefore, this kind of unauthorized filming, audio recording, and video recording infringes on the intellectual property rights and privacy rights of others, is illegal, and should bear corresponding legal liability.
However, whether Xue Zhiqian's behavior constitutes stolen photography, he believes that it needs to be judged based on the specific circumstances. "If Xue Zhiqian takes pictures of other people's works without permission and uses these materials for public dissemination, commercial exploitation or other purposes that infringe on other people's rights, then this behavior may constitute stolen photography. However, if Xue Zhiqian's shooting behavior is just For personal viewing or commemoration without the purpose of dissemination or commercial use, this behavior is usually not considered stolen photography. For a star with widespread influence like Joker Xue, the number of dynamic views and influence posted on social media are Far larger than us ordinary people, their words and deeds have also been magnified in the public eye, and public figures must bear heavier duties of care and responsibility."
As for the general public, Zhou Zhaocheng said, if it is just for personal commemoration Or viewing, without the purpose of dissemination or commercial use, is usually not considered to be stolen. However, if the photos or videos taken are used for public dissemination, commercial exploitation, or other activities that infringe on the rights of others, it may constitute stolen photography. If illegal filming occurs and is pursued by the film producer, the person who filmed the film may bear civil liability: the person who filmed the film may need to compensate the film producer for the economic losses suffered due to the film’s illegal filming, including but not limited to box office revenue, copyright fees, etc. Poaching may violate relevant administrative regulations, and robbers may be subject to administrative penalties, such as fines, license revocation, etc. If the act of stealing constitutes a crime, the person who took the picture may be held criminally responsible.
Xu An, a partner at Beijing Dacheng (Hangzhou) Law Firm, told Chao News reporters that recording, videotaping, and taking photos of a movie being played in a movie theater are all illegal photography and infringe on the copyright of the movie copyright holder. If Xue Zhiqian is photographed and published without permission, it is an infringement.
"It is also an infringement to post movie scenes shot in the cinema on WeChat Moments, but this kind of behavior by ordinary people is minor and will generally not be pursued. Public figures should be more cautious because they have great influence, and stealing photos is not only It seriously harms the interests of copyright owners and gives a bad head start to the public," Xu An said.
"Please indicate the source for reprinting"
