Xue Zhiqian's screen photo, is it reasonable?
"Many people post moments after the screen shooting in the cinema" is not the reason for screen shooting, the huge number of uncivilized bases cannot refute its legitimacy, but only proves that this concept is deep-rooted. Just because there are a lot of people running red lights, it doesn't mean that running a red light is correct.
If you come to the conclusion that "so I can do it" because "screen photography may not be illegal", then by extension, it is not illegal to talk on the phone when watching a movie, kick the back of the front seat, and constantly explain the movie or even spoilers to your peers.
Author | Zhang Wenxi
Edit | Su Wei
Title Picture | Visual China
After this war of words just past, people will not be unfamiliar with this word.
Every year's Spring Festival stalls are almost accompanied by traffic and public opinion, and this year is no exception: during the Spring Festival in 2024 (February 10-February 17), a total of 163 million people will enter the cinema, setting a total box office of 8.02 billion.
Among them, the racing-themed movie "Flying Life 2" directed by Han Han has earned enough attention on the Internet, and this attention has also extended beyond the film.
(Photo/"Flying Life 2")
On February 15, after participating in the premiere of "Flying Life 2", singer Xue Zhiqian posted his thoughts about the movie on his personal Weibo, which was accompanied by three screen photos. Some netizens reminded in the comment area that the behavior of screen photography is not appropriate, and may even be suspected of violating the law. But judging from the follow-up response, Xue Zhiqian himself does not seem to approve of such criticism.
Xue Zhiqian's Weibo clip (picture/Weibo @薛之qian)
The Spring Festival file has always been the hardest hit area for screen photography. On the occasion of welcoming the new year of the year, when you see a family carnival or climax moment in a movie, take out your mobile phone to take a photo and post it to the circle of friends to check in with one click, which has become the default option for many audiences. But when the circle of friends became a celebrity Weibo with greater publicity, the controversy about screen photography was magnified all of a sudden.
For a time, the debate over whether screen photography should be started on the Internet.
"Is it illegal to steal or not" has become a question that people must debate. Hidden under the problem of screen photography is the long-standing resentment of movie audiences suffering from "uncivilized movie-watching behavior".
01
Is it illegal to watch a movie screen?
French director and screenwriter Jean-Luc Godard said that the film is 24 frames of reality. In the Internet era, movies have often shrunk into 9-square check-in socials.
(Photo/"The House of Dreams")
Returning to the Xue Zhiqian theft incident itself, the relevant discussion can be summarized into two completely different voices.
One party believes that Xue Zhiqian is not a thief, the reason is that many viewers will also take photos and post them on the circle of friends or short video platforms when watching movies, and they actually have the effect of promoting the movie.
On the other hand, the argument insists that screen photography is piracy, and that using a mobile phone to shoot a screen in a movie theater violates the viewing guidelines, and rationalizes some screen photography, jokingly calling it "the first year of movie piracy has begun".
In the wake of the turmoil, on February 16, an expert opinion provided a new dimension to the discussion. Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, expressed his views on "whether watching movies and taking pictures is infringement" in an interview.
On February 16, CCTV News interviewed Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, to discuss "Is watching movies and taking pictures considered infringement?". (Photo/ Weibo@CCTV News)
Zhu Wei said in the program that there is no such thing as piracy in the law, which should be a popular term for copyright infringement. A photograph or a small fragment used for one's own appreciation, personal research, classroom teaching, and 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.
Zhu Wei interprets the act of piracy from the perspective of the Copyright Law. But at the same time, the relevant laws in the film industry have more explicit provisions on this behavior.
According to Article 31 of the Law of the People's Republic of China on the Promotion of the Film Industry, "without the permission of the right holder, no one may make audio or video recordings of the film being screened." Where audio or video recordings are discovered, the cinema staff have the right to stop them and request that they delete them; ”
The film industry has a long history of discussion about film piracy. On February 16, CCTV's Weibo reposted the previous interview video. (Photo/Weibo @CCTV Quick Look)
In 2021, lawyer Zeng Wenwen also defined and clarified the specific concept of "piracy" in a news program.
When answering the host's question "Is taking photos while watching a movie considered stealing?", Zeng Wenwen gave a positive answer. "The audience bought a movie ticket, and we bought a one-person movie experience. Zeng Wenwen explained, "It's not that if we buy movie tickets, we can go to the content of the movie and do a dissemination." ”
Also in 2021, the comment article "Screen shooting is stealing photography, please put away our mobile phones when the movie dragon logo is on", which made it more clear that "the movie being shown is not a scenic spot, and screen shooting is uncivilized behavior;
Now that these laws and regulations already exist, why are there still disputes about screen photography?
One of the important reasons is that different groups have different interpretations of whether the "audio and video recording" in the law includes "individual times of photography", which directly leads to different standards for judging screen photography behavior, different interpretations, and it is impossible for everyone to reach a consistent conclusion on the same matter.
02
Although it is not illegal, it still does not mean that the screen shooting is legitimate
Even if, according to the opinion in the latest expert interview, screen photography within the scope of reasonable use does not constitute copyright infringement as stated in the Copyright Law, when the perspective shifts from the legal level to the moral level, the legitimacy of screen photography still needs to be questioned.
In fact, in many countries and regions, specific laws and regulations have been established on the issue of screen photography in movie theaters.
Hong Kong, China, has a very strict legal requirement for screen photography, which clearly states that "it is strictly forbidden to take photographs and videos in the hospital, otherwise you will be subject to criminal prosecution and a maximum fine of HK$50,000 and imprisonment for 3 months." (Note: The text in quotation marks has been modified according to the picture below)
In Japan, filming in theaters is called a movie thief. Under Japanese law, the act of filming or recording in a movie theater is punishable by up to 10 years in prison and/or a fine of up to 10 million yen.
Filming and videotaping in cinemas is strictly prohibited in Hong Kong, China. (Photo/Hong Kong Cinemas Association)
Many domestic film events and filmmakers have also issued initiatives to boycott screen photography.
On February 7, the official Weibo of the National Copyright Administration released a public service advertisement starring Lei Jiayin to protect film copyrights, which clearly pointed out that "during the viewing process, put down your mobile phone, and do not screen shoot".
(Photo/Screenshot of the official promotional video of the National Copyright Administration)
"I hope you don't shoot at a movie screen. The work of filmmakers and production companies needs to be respected, and thank you for your understanding. At the 2019 Pingyao International Film Festival, director Jia Zhangke called on the audience not to take screen shots when watching movies. The Pingyao International Film Festival's film festival catalogue also issued a "Statement on Eliminating Screen Photography and Piracy", which clearly stated that "filming, screen shooting and piracy during film screening are infringements of film copyright, and we will resolutely put an end to the above behaviors." ”
Some film and television works use the act of cinematic screen as inspiration and incorporate it into the work. (Photo/"Gintama: The End, Forever House of Everything")
If it is said that the infringement of film copyright is not within the scope of concern of all audiences, then even from the perspective of the audience's viewing experience, screen shooting is not reasonable.
Different from other cultural activities, cinema viewing activities have objective requirements for the surrounding environment, except for the big screen, the rest of the screening hall is kept in a dark state to ensure a good movie-watching atmosphere. Therefore, the behavior of screen photography will also infringe on the rights and interests of movie theater audiences, as long as you take out your mobile phone to shoot the screen, it will inevitably emit bright light and destroy the atmosphere and order of watching the movie.
In addition to this, there is also the possibility of leaking important plots of the movie and inadvertently spoiling it to others.
In April 2023, the movie "Slam Dunk" will be released at the same time as Chinese mainland, #灌篮高手遭遇史上最严重屏摄#话题也冲上热搜. Some viewers shouted "Ye Qinghui" and posted the filmed movie clips to social media platforms, causing many viewers who did not watch the movie to be spoiled. In this regard, some viewers said that they had not gone to the cinema yet, and they had already watched this movie in their circle of friends, and it was completely spoiled.
(Photo/Proposal of the movie "Slam Dunk")
No matter how you look at it, there is no moral acquiescence to the legitimacy of piracy. Because it not only implies disrespect for the copyright of the film industry and hurts the emotions of film creators, but also affects the basic experience of other consumers watching movies, just like talking loudly and kicking the back of the front seat when watching movies.
Movie audiences have suffered from "uncivilized movie-watching behavior" for a long time. (Photo/Visual China)
"Many people post moments after the screen shooting in the cinema" is not the reason for screen shooting, the huge number of uncivilized bases cannot refute its legitimacy, but only proves that this concept is deep-rooted. Just because there are a lot of people running red lights, it doesn't mean that running a red light is correct.
If you come to the conclusion that "so I can do it" because "screen photography may not be illegal", then by extension, it is not illegal to talk on the phone when watching a movie, kick the back of the front seat, and constantly explain the movie or even spoilers to your peers.
Uncivilized movie-watching behavior greatly affects the movie-watching experience of other audiences.
Public order and good customs do not rise to the level of law, but if you only use the minimum moral requirements of the law to discipline yourself, this is far from enough to achieve the goal of civilized movie viewing.
Of course, we all understand that a small shoot between a celebrity and an ordinary person may be born on a whim, it may be from a sincere love, and it may not have any malice. But it is precisely because of this unintentionality that it is more necessary to emphasize the unreasonableness of "stealing photos".
Mr. Lao She once wrote an article "Twenty Things for Drama Audiences" in an ironic way, satirizing uncivilized behavior in the theater:
"Before going to the theatre, you must have a cold so that you can cough loudly and spit in the theatre. ”
"Single-number tickets should enter the double-number door, and double-numbered tickets should enter the single-number door. Upstairs tickets should be downstairs, and downstairs tickets should be upstairs. It is best to enter without a ticket, and sit down with a seat to emphasize order. ”
"At least five young children must be brought into the venue, and they must cry at the same time to make a strong noise. It would be better to open a temporary kindergarten. ”
A century has passed, and today's theaters have changed?
Proofreading: Meet, Operation: Xi Hee, Typesetting: Liang Ningyan