"Tang Palace Night Banquet" cited controversy: "plagiarism" hats cannot be buckled indiscriminately

  ■ Observer

  Plagiarism is a severe accusation, and it is unfair to creators to send out “suspected plagiarism” hats at will.

  After Henan Satellite TV's Spring Festival Gala was broadcast, the program "Tang Palace Night Banquet" was swiped on social media and was loved by many viewers.

However, some media recently issued a statement that it was suspected of "face-to-face" with the CCTV "National Treasure" program clips three years ago.

  The show has become popular, and there are many right and wrong.

However, the relevant doubts did not give definitive evidence. On the contrary, in the comments of the "Bump Face" broke the news, netizens almost overwhelmedly believed that there was no "plagiarism" in "Tang Palace Night Banquet", and even "not even reference". CCTV Literature and Art, the producer of "National Treasure", also stated that it "encourages the creation of cultural programs in exchanges for reference" and believes that this is essentially different from imitating plagiarism.

  This seems to make the creators of "Tang Palace Night Banquet" relieved, but rest assured, it is still necessary to clarify some concepts and boundaries in the creation of artistic programs.

Because "plagiarism" is a very severe accusation. You can't just send out the "suspected plagiarism" hat just because you are "familiar." This is unfair to creators.

  The similarity between "Tang Palace Night Banquet" and "National Treasure" program fragments lies in the external form, but this cannot be used as a reference for plagiarism.

The reason is simple: Tang suits and court music and dance in the Tang Dynasty are part of our traditional culture. Anyone can learn and study, create and express them, and no one can monopolize their copyright.

  The copyrighted parts of dance programs created by modern people must have clear and identifiable original features and distinctive personality labels, which can give the audience a refreshing feeling in terms of local details and overall perception. "Fresh and fresh" elements are those that can be protected by copyright.

  Taking "Tang Palace Night Banquet" as an example, the creator perfectly restored the Tang Dynasty musical and dance figurines in terms of dancers' makeup, facial expressions, and body movements. However, the soul of the show is not here. It is to give the characters the character of modern people. The core creativity that really impresses people is, "From the perspective of wearing style, it is from the millennium of the Tang Dynasty. But their personalized side is no different from the current people"-the audience's evaluation is accurate .

  The program also incorporates a large number of national treasures and national tide elements, and uses stage technology without any trace. The entire stage effect has reached a high level in terms of color, brightness, and sense of space.

Therefore, comparing the two programs, you can give a basic judgment as long as you can distinguish between the overall atmosphere and the local details.

  In terms of copyright protection, there is a "dichotomy of expression and thought". It is easy to protect the form of a work, but it is difficult to protect the idea of ​​a work.

  Strictly speaking, even if the later creators used "Tang Palace Night Banquet" as a learning example, they tried to inject new emotional factors into the characters. For example, the characters in "Tang Palace Night Banquet" are charming and cute, and the characters created by imitators are noble and elegant. It is difficult to identify latecomers as plagiarism unless they meet the standard of plagiarism in terms of choreography or original music.

  This time, "Tang Palace Night Banquet" is accused of "suspected plagiarism", but it will bring more appreciation and gaze to the work, and it will also bring more respect to authors who are committed to innovation.

Therefore, many netizens regarded this "plagiarism accusation" as a joke.

However, this matter also reminds the relevant copyright owners: Where copyright protection is necessary for "Tang Palace Night Banquet", it is still necessary to apply for copyright protection. Avoiding plagiarism is one aspect, when it is misunderstood as "plagiarism" , Will also immediately come up with strong rebuttal evidence.

  □Han Haoyue (Columnist)