Xue Zhiqian reposted the CCTV report and then responded to the theft controversy
On February 16th, Xue Zhiqian sent a limerick poem in response to the question of stealing the filming of "Flying Life 2", "I wish you discernment, read pictures and watch films, the deity is grateful, you are plugging your face, used to showing the public, sin with laughter, this heart is bright, and what can I say." Then he responded again: Words are murder weapons, which can spread good and evil, and traffic is a godfather, which can be exchanged for silver and retribution
On February 15, Xue Zhiqian posted on Weibo, commenting on "Flying Life 2", but netizens found that his blog post contained three screen pictures in theaters. Subsequently, "Xue Zhiqian's stealing photography" rushed to the first place in the hot search.
Some netizens said that refusing to take pictures is the basic requirement for watching movies, and it is indeed inappropriate for public figures to take the lead in stealing films, "neither respecting the movie nor the audience". Some netizens also said that although Xue Zhiqian's behavior is indeed "stealing", a few photos do not have any spoiler effect at all, and they are not used for commercial purposes, so there is no need to go online.
In the face of controversy, at nine o'clock on February 16, Xue Zhiqian released a limerick poem suspected of responding to questions, "I wish you discernment, read pictures and watch films, the deity is grateful, you are plugging your face, used to showing the public, sin with laughter, this heart is bright, and what can I say." ”
On the evening of the 16th, Xue Zhiqian reposted the CCTV report that "there is no such thing as theft in law", and responded to the controversy again with 22 words.
According to CCTV news, does watching movies and taking pictures count as infringement? Zhu Wei, deputy director of the Communication Law Research Center of the China University of Political Science and Law, said: There is no such thing as piracy in mainland law, and this should be a popular term for copyright infringement. A photograph or a small fragment used for one's own enjoyment, personal research, classroom teaching, or for the purpose of evaluating or commenting on a published work is a fair use and does not constitute copyright infringement as stated in the Copyright Law. However, if the highlights of the movie are disseminated on the short video platform, if the parties do not allow it and the right holder does not agree, it is an infringement.
Previously, lawyer Zhou Zhaocheng also issued a detailed interpretation of Xue Zhiqian's alleged theft.
Lawyer Zhou Zhaocheng said that whether Xue Zhiqian's behavior constituted piracy needs to be judged on a case-by-case basis. If Xue Zhiqian photographs other people's works without permission and uses these materials for public communication, commercial exploitation or other purposes that infringe on the rights and interests of others, then such behavior may constitute piracy. However, if Xue Zhiqian's filming is only for personal viewing or commemoration, and has no purpose of dissemination or commercial use, then such behavior will not usually be considered as piracy. A star with a wide range of influence like Xue Zhiqian has a much larger number of dynamic views and influence on social media than we ordinary people, and their words and deeds are also magnified in the public eye, and public figures have to bear a heavier duty of care and responsibility.
If there is an act of piracy and it is pursued by the filmmaker, the thief may bear civil liability: the photographer may need to compensate the filmmaker for the economic losses suffered by the filmmaker, including but not limited to box office revenue, copyright fees, etc. Photography theft may violate relevant administrative regulations, and the thief may be subject to administrative penalties, such as fines, revocation of licenses, etc. If the act constitutes a crime, the person who steals may be held criminally liable.
In addition, lawyer Zhou Zhaocheng also mentioned that "even if there is no legal prosecution, piracy is still unacceptable at the moral and social levels", and called on everyone to respect the intellectual property rights and privacy rights of others and avoid piracy.
Synthesized from City Express, Morning News, @央视新闻等