"I wish you sharp eyes, able to recognize pictures and movies, I am grateful, you are trying to show off your face, you are used to showing off to others, your sins are funny, your heart is bright, what else can you say."
On February 16, Joker Xue posted a message on Weibo The first self-written "lime poem" is suspected to be a response to the doubts caused by posting photos related to "Flying Life 2" in the cinema and posting them on Weibo. At the same time, "Joker Xue Copyright Awareness" and other related topics successively topped the list of hot searches.
This matter starts with a "little composition" he posted on Weibo yesterday with the caption "Peeping". At the beginning of the article, I mentioned that I bought a cup of coffee as if I had completed my mission, and walked into the cinema in a low-key and cute manner with a mentality that I could curse in a low voice. Then I was moved to tears by the passion of "Flying Life 2".
Joker Xue's original intention was to use ridicule to help promote the movie, but in terms of illustrations, he used three pictures of "Flying Life 2" that were shot in the cinema. This move caused huge controversy. Some netizens said: "This is not a peek, it is simply a stolen photo." However, some netizens questioned whether calling it "stealing" is a bit too exaggerated.
The word "stealing" first came from the industry. Refers to the act of photographing, recording, or videotaping works created by others without the permission of the copyright owner, performer, or other right holder, and using these materials for public dissemination, commercial exploitation, or other infringement of others. the purpose of interests.
A reporter from "Morning News" inquired about relevant laws and found that there are clear regulations on this kind of behavior. For example, Article 31 of the "Film Promotion Law of the People's Republic of China" mentions: "Without the permission of the rights holder, no one is allowed to record or videotape a film being shown. If it is discovered that the film is being recorded or videotaped, the cinema staff has the right to Stop them and ask them to delete them; those who refuse to obey have the right to ask them to leave."
This situation is by no means limited to Xue Zhiqian. This year’s Spring Festival stalls can be described as “everyone is a king”. While many viewers were moved by the story of the protagonist in the movie, they did not forget to take out their mobile phones to take photos or directly start video recording.
A film practitioner who did not want to be named told the "Morning News" reporter that when he watched Jia Ling's movie "Hot and Spicy" during the Spring Festival, he discovered that it is very common to shoot the Easter eggs at the end of the movie and post them on WeChat Moments. Although most people The starting point of some people is good, and it will also help promote the film. However, the ending Easter eggs, ending music, and title also belong to the film copyright, and this kind of behavior should still not be allowed.
, a well-known movie public account "Ticket Check Employee of Hall 3", once issued an article pointing out that the behavior of "stealing" is an unethical behavior beyond the legal level. Because in the dim environment of the cinema, any mobile phone light source will constitute an "eye-catching" effect.
As of press time, the producers of "Flying Life 2" have not yet made any response to Joker Xue's behavior. However, well-known lawyer Zhou Zhaocheng said in an interview with a reporter from "Morning News" that whether the film studio pursues the case is not the only basis for determining "stealth filming". "Even if the film studio does not pursue the case, if the behavior itself constitutes 'candid photography', then this behavior is still illegal."
Some people have raised doubts, how to define whether "candid photography" is illegal? If it is just a personal souvenir, does it count as "stealing"?
In this regard, Zhou Zhaocheng explained that whether Xue Zhiqian's behavior constitutes "stealing" 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 other people's rights, then this behavior may constitute 'stealing'. But if Xue Zhiqian's shooting behavior is only If it is for personal viewing or commemoration and does not have the purpose of dissemination or commercial use, then this behavior is usually not considered as 'candid photography'."
So, if "candid photography" occurs, what are the possible consequences? Zhou Zhaocheng said that if "stealing" behavior occurs and is pursued by the film company, 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 caused by the "stealing" behavior, including but not limited to box office revenue. , copyright fees, etc.The act of "stealing" 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 perpetrator may be held criminally responsible.
How can we avoid the problem of "stealing photos"? Zhou Zhaocheng suggested that audiences should abide by relevant regulations when watching movies and refrain from filming, recording and disseminating performances. If you really need to take a souvenir, you can request authorization from the organizer or performer or purchase official audio and video products after the performance.
"Even if there is no legal prosecution, 'candid photography' is still morally and socially unacceptable. And may face other legal liability and moral condemnation. Therefore, we should respect the intellectual property rights and privacy rights of others and avoid doing so. 'Stealing' behavior."
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