On February 15th, after Xue Zhiqian watched "Flying Life 2" directed by Han Han, he wrote down his feelings through Weibo, which was really to build momentum for the promotion of the movie, but the Weibo picture contained several screen photos of the theater, and immediately "Xue Zhiqian's stealing photos" rushed to the first place in the hot search.
I also saw in the cinema that during the movie playing, some viewers took pictures of the screen in the movie with their mobile phones and sent them to WeChat groups, Moments, Douyin, Xiaohongshu and other self-media. Some lawyers said that the act may be suspected of violating the law. This time, Xue Zhiqian was accused by netizens of violating the "Copyright Law", so is it really illegal to watch movies and take pictures and post them on Moments?
Piracy is illegal
As "Xue Zhiqian's theft of photography" has become a hot search, many lawyers and media have accused the movie theater of taking pictures of illegal acts, and stealing photography is not advocated. The popularity continues to ferment, and actor Shen Teng and some directors have also stood up to express their views such as "piracy violates the copyright law" and "screen photography is uncivilized behavior, refuse to steal photography".
"Six Princesses": A public figure stole the photo and refused to admit the mistake!
CCTV Channel 6 movie channel was nicknamed "Six Princesses" by netizens. CCTV Channel 6 posted on Weibo to imply Xue Zhiqian's stealing behavior, "A public figure publicly posted photos taken on the screen of the movie and refused to admit the mistake, which triggered another round of heated discussions on the whole network about 'pirated filming'", emphasizing that even unintentional piracy may bring spoilers and other adverse consequences, calling for 'civilized viewing of movies and refusal to steal filming'. ”
CCTV: As soon as the dragon mark comes out, you can't take pictures anymore
CCTV also expressed its opinion that if the "dragon mark" is lit up when watching a movie, you can't take out your mobile phone to shoot anymore.
It is not illegal to take pictures while watching a movie
When the wind was inclined to accuse Xue Zhiqian of violating the copyright law, CCTV News took the lead in refuting the rumor that "there is no such thing as piracy in the law", and then more and more lawyers came forward to express the copyright law's "fair use does not infringe copyright".
CCTV News: There is no such thing as piracy in law
In response to the popularity, CCTV News also deliberately issued an article to refute the rumor, saying that "there is no such thing as piracy in law". Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said: There is no such thing as piracy in mainland law, which 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.
Lawyer Zhou Zhaocheng pointed out that whether Xue Zhiqian's behavior constituted piracy needs to be judged on a case-by-case basis, and if he filmed without permission and used the materials for public dissemination, commercial use or other purposes that infringed on the rights and interests of others, it may constitute piracy, but if it is only for personal viewing or commemoration, it will not usually be recognized as piracy.
The provisions of the Copyright Law on fair use
Article 2 The works of Chinese citizens, legal persons or unincorporated organizations, whether published or not, enjoy copyright in accordance with this Law.
Article 22: [Fair Use] The use of a work in the following circumstances may be done without the permission of the copyright owner and without payment of remuneration to him, provided that the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed: (1) using the published works of others for personal study, research, or appreciation; (2) appropriately quoting the published works of others in the work for the purpose of introducing or commenting on a certain work or illustrating a certain issue; (3) publishing in newspapers, periodicals, or It is inevitable that published works are reproduced or quoted in media such as radio and television stations......
Perceptions of "piracy".
First of all, CCTV News has pointed out that there is no such thing as piracy in the law. Therefore, the act of "stealing" itself is a fabricated act, and there is no precise legal definition. According to Xue Zhiqian's theft incident, we have the right to believe that it is the act of taking a small number of photos or small videos when watching the movie, in order to express the viewing experience on the circle of friends or social media. According to the definition of fair use in copyright, there is no doubt that "Xue Zhiqian's theft of photography" is fair use and does not infringe copyright law.
From the perspective of safeguarding consumer rights and interests, consumers buy movie tickets, feel that the movie is well promoted during the viewing process, but it actually looks ugly, take a small number of photos or video clips, and send them to the circle of friends to persuade other friends not to be deceived by the movie publicity and watch the movie, or send it to social media to express that the money spent on the movie ticket is not worth it...... This is obviously a reasonable act of the consumer, and if the infringement is judged on this basis, it is obviously an abuse of rights and an infringement of the consumer's right to evaluate. Therefore, fair use does not infringe copyright. The same example is that when watching a concert, recording a short video and sending it to Moments or social media to express joy does not infringe copyright.
Therefore, if the scope of copyright rights and interests is too large, it is indeed more beneficial to the creator, but it will inevitably lead to social depression. For a simple example, when you watch a concert or a performance, it is considered infringement to record a short video and post it to Moments, so how depressed society will be.
CCTV's "Six Princesses" itself is a movie channel, and it is reasonable to admonish "piracy" from the perspective of protecting the interests of the film industry, but it is not legal. However, only by respecting copyright and providing copyright protection for the film industry can the film industry flourish and consumers can see more high-quality movies. The whole society should severely crack down on those who secretly record videos, especially those who secretly record a large number of videos and put them on illegal websites. Only by respecting copyright can Chinese films develop better. If you find that those viewers who are holding mobile phones or video recording screens for a long time when watching movies, they should immediately stop or report to the cinema.
After reading this article, do you think it should be illegal to take photos in movie theaters and concerts and post them on social media to express your impressions?
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