Dong Yuhui's live broadcast room anchor is suspected of plagiarism? Blogger involved: I hope there is an explanation, and everyone has a happy ending

Dong Yuhui has once again become the focus of public opinion, and the anchor of "Walking with Hui" was accused of plagiarism.

"Dong Yuhui's live broadcast room with Hui is not local 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, publicly shouted on Douyin, saying that "Walking with Hui" is suspected of plagiarizing his original copywriting, "The content overlap reaches 90%, and it is commercially used when selling goods, and it is also made into slices and played, what is this not plagiarism?"

Previously, on January 28, Yang Fan mentioned in the Douyin live broadcast that Dong Yuhui plagiarized his own copywriting in the live broadcast room. Since then, public opinion has gradually fermented, and in the video on the 29th, Yang Fan said that he was sarcastically and abused by a large number of Dong Yuhui fans' private messages, "Is it right that there are many of you who do bad things?"

"I'm just a niche blogger in the art category, but I was caught up in the violence of public opinion among fans, and many people scolded me for being too ugly to hear. On January 31, Yang Fan said in an interview with The Paper, "For plagiarism, I look forward to the two sides being able to contact each other, and (Dong Yuhui) can call me for an explanation, hoping to have a happy ending." ”

"I hope it all stops now, and I don't want to take up too much outside attention. Yang Fan told The Paper.

Earlier in the day, Yang Fan had said that his Douyin account was banned after it started broadcasting 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 reason for the ban.

Regarding this controversy, The Paper reporter inquired about Dongfang Selection and Hui Counterparts, but there was no response as of press time.

Where does the controversial copy come from? Blogger: Personal creation after reading relevant books

The specific video involving the plagiarism controversy is the relevant video of Michelangelo explained by Dong Dong, the anchor of "Walking with Hui".

Yang Fan publicly listed three similarities with his earlier introduction to Michelangelo's video when Dong Dong, the anchor of Hui's peer anchor, explained Michelangelo.

He said that Dong Dong's content, structure, and language are almost exactly the same as his own videos, and he sorted out the relevant copywriting by searching more than ten 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 creative process of the controversial copy, Yang Fan told The Paper that the copywriting was his personal original writing after reading more than ten literature works, and he showed reporters more than ten literature citation sources, including "New Cambridge Modern World History", "General History of Western Art", "The Origin of the Spirit of Modern European Art", "Medieval and Renaissance Studies", "Cambridge Art History" and so on.

Yang Fan shows the citation to The Paper

"The specific logical structure and content of the copy are all my creativity. For example, when a red scholar publishes a research work on "A Dream of the Red Chamber", he should refer to the original work of "A Dream of the Red Chamber", "Those Things in the Ming Dynasty" was written by Mingyue in that year, but "History of the Ming Dynasty" is his reference. Yang Fan said.

It is worth noting that some netizens questioned that Yang Fan's copywriting was not created by himself, but plagiarized the programs that CCTV once broadcast. In this regard, Yang Fan responded to reporters, but quoted some documentary scenes that CCTV had broadcast in the video, and the copywriting was all personal creation.

In addition, Yang Fan said that the videos related to Michelangelo's copywriting were all public welfare attributes and did not seek any commercial benefits.

However, the surging news reporter found that Yang Fan had already entered the live broadcast to bring goods, and he already had a live broadcast team, and there were nearly 300 products in the product window of his Douyin account. As of press time, Yang Fan is live streaming goods, but the number of likes and traffic data are not outstanding.

According to public information, Yang Fan is a doctor of 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, his counterparts with Hui did not respond.

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 really as Yang Fan said, then does Walking with Hui involve infringement?

In this regard, experts in different legal circles have different views.

"These copywriters are essentially literary works, first of all, we must compare whether the copywriting used in Dong Yuhui's live broadcast room is substantially similar to Yang's copywriting, and the comparison process is similar to the duplicate check of papers, and the higher the degree of overlap, the greater the possibility of being identified as infringement. Xia Hailong, a lawyer at Shanghai Shenlun Law Firm, told The Paper.

In addition, it depends on whether Yang enjoys copyright in the copywriting work he claims, and in judicial practice, if there is no similar work before Yang's copywriting is published and the defendant has no other evidence, it can be determined that Yang is the copyright owner of the original work. In this case, if the copywriting in Dong Yuhui's live broadcast room overlaps with Yang's copywriting as high as 90%, it can be considered that Yang's copyright has been infringed.

Zhu Danning, a lawyer at Shanghai Huiye Law Firm, told The Paper that the subject matter protected by copyright must be a work of originality. When determining whether copyright infringement is constituted, it is necessary to compare the original part of the allegedly infringing video with the original video.

"If Yang Fan's video script shows a certain degree of creativity after sorting out Michelangelo's information and going through a certain amount of creation, and Dong Yuhui's team anchor directly copies the original part of Yang Fan's video script introducing Michelangelo, then copyright infringement may be involved. Zhu Danning said that if Dong Yuhui's team anchor only refers to public information such as Michelangelo's life experience and character relationship in Yang Fan's video, and then tells it in his own words, it is difficult to determine that Dong Yuhui's team anchor constitutes copyright infringement or plagiarism.

"Whether infringement and plagiarism constitute constitute a substantial similarity need to be considered, rather than simply comparing the overlap rate. If the two are substantially similar in terms of expression, Dong Yuhui's team anchor copywriting is suspected of constituting copyright infringement, otherwise it generally does not constitute infringement and plagiarism. Zhai Wei, executive director of the Competition Law Research Center of East China University of Political Science and Law, told reporters.

Xia Hailong said that even if these texts were not created by Yang but by someone else, as long as Dong Yuhui's live broadcast room was not authorized, it would be an infringement.

Zhu Danning told reporters that on the live broadcast platform, whether the anchor is improvising or outputting the content of the prepared copy, if the content output of the anchor is substantially similar to the original work (whether it is a written work or an audiovisual work) that has been published by others, it may be regarded as copyright infringement.

"If the anchor's use of another person's work falls within the scope of fair use stipulated in the Copyright Law, such as appropriately quoting the published work of another person for the purpose of introducing or commenting on a work or illustrating a certain issue, it is not considered to constitute copyright infringement. Zhu Danning said.

The blogger shouted to walk with Hui: I hope to face the controversy and deepen cooperation

It is worth noting that Dong Dong, the anchor involved, once apologized under Yang Fan's live broadcast room, saying that he had been watching the blogger's video when he was in college, and he respected the blogger's creation very much, and the blogger was not mentioned because of the platform rules, and he would be informed in advance if he used it in the future. But for now, the message has disappeared.

Dong Dong left a message in Yang Fan's live broadcast room

"I haven't deleted Dong Dong's apology message. Regarding the online rumor that Yang Fan deleted Dong Dong's apology, he told the surging news reporter, "There are thousands of comments under that video, and it is impossible to find and delete his messages." He is just a child, he is not yet mature, this matter should be solved by the company, he wants to solve it through personal channels, but it is not solved. Yang Fan said that Dong Dong's statement that "the use (copywriting) will be informed in advance" did not solve the fundamental problem of this matter, and it was difficult to completely calm down the situation.

Yang Fan also mentioned that Dong Dong also watched his live broadcast and gave himself a gift of 500 yuan, "trying to pass himself", which made it difficult for him to accept.

Talking about whether he hopes that Yu Minhong, CEO of Dongfang Selection, will come out to express his position, Yang Fan said, "No, this matter has nothing to do with him." ”

He shouted to his counterparts with Hui that he hoped to face the controversy head-on and continue to deepen cooperation in the future, "I don't want the influence of public opinion on this matter to expand further, I just hope to have an explanation." I know some orphanages in Beijing, and I hope to donate some aesthetic education books to them, and I hope you can work together to help these children. ”