China News Service, October 27th (Zhongxin Finance and Economics Wu Jiaju) Recently, 16 aunts from Shanghai went to Hengdian Film and Television City to remake the remake of "The Legend of Zhen Huan" for Yuanxi Addiction, which aroused discussion among netizens.
According to the surging news report, the event organizer said, "The cost of this time is basically about 4,000 yuan for an aunt, for three days and two nights, including food, accommodation, travel, attractions tickets, and the cost of the crew. , including this time, the roles of Su Peisheng and Imperial Physician Wen were also played by a group."
Some netizens asked: Is this remake of "The Legend of Zhen Huan" infringing?
Data map: "The Legend of Zhen Huan" poster
In this regard, Zhao Zhan, deputy director of Beijing Yunjia Law Firm, told Zhongxin Finance and Economics that according to the provisions of the Copyright Law, "The Legend of Zhen Huan" is a film and television work, and its obligee enjoys the copyright in accordance with the law. Without the authorization of the obligee, other people generally The work cannot be used or performed.
Of course, there are exceptions. The Copyright Law stipulates the fair use system.
In thirteen cases, others may not pay the copyright owner without permission, but should specify the author's name or title, the title of the work, and must not affect the copyright owner. The normal use of the work must also reasonably damage the legitimate rights and interests of the copyright owner.
These include "use of published works by others for personal study, research or appreciation" and "free performance of published works that do not charge the public or pay the performers, and are not for profit" .
Zhao Zhanzhan believes that if a group of aunts spontaneously perform "The Legend of Zhen Huan" for self-entertainment purposes, or an employee of a certain unit performs "The Legend of Zhen Huan" at the annual meeting, they are all within the scope of fair use and do not constitute copyright infringement. .
However, in this incident, the commercial organization organized the aunts to perform "The Legend of Zhen Huan"
and made profits by providing "shooting experience" services, which obviously did not meet the category of fair use and was suspected of constituting copyright infringement.
The specific infringer is the organizer, not the aunt who participated in the performance.
According to Jimu News, the producer of "The Legend of Zhen Huan", Cao Ping, said that the company's legal affairs are already preparing materials for the video platform, requesting the removal of related videos.
But they did not consider holding the organizers and aunties accountable for the time being. "The audience likes it, and we can understand it." (End)
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