Some people make and record movies while watching movies in the theater, even for profit, which affects the viewing experience of others, harms the legal rights of filmmakers, and interferes with the order of the movie market——

When is the cinema pirated filming closed?


【Hot Spot Observation】

  This year's Spring Festival stalls triggered a movie-watching boom, and movie box offices have repeatedly hit record highs.

However, some uncivilized movie viewing still exists.

"Going into the theater to watch a movie is more disgusting than the bad phenomenon of being late and leaving early and whispering to each other. Some people take out their mobile phones and face the screen, where they are'flickering and shining'." A netizen complained about the bad movie viewing phenomenon. It resonated with many audiences, and many people hated this kind of phenomenon.

  "The movie being shown is not a scenic spot, and taking pictures on the screen is an uncivilized act. Screen and taking pictures in theaters is an act of infringement of intellectual property rights. Just shooting without dissemination is also considered an infringement. It is a disrespect for the movie itself and will also disturb the surrounding audience. I hope everyone will not shoot on the screen, and hope that the labor rights of filmmakers will be respected and supported by everyone. My proposal: civilized watching movies, refusal to piracy shooting, start with you and me. "Before the Spring Festival this year, one The proposal of "Civilized Viewing Movies, Rejecting Piracy" has been on the hot search, and related topics such as screen photography and piracy have attracted widespread attention.

What is screen photo?

Why is the screen-camera behavior suspected?

Is screen photography suspected of breaking the law?

The proposal of gathering dozens of filmmakers this time can be regarded as a law popularization and guidance. The joint efforts of relevant departments and people from all walks of life are promoting "civilized film viewing and rejecting piracy" to truly become the public's awareness of film viewing.

1. Screen shot psychology: clock in, or take a picture, or make a profit

  In recent years, whenever film prime time, there will be film creators or related media appealing to the public to respect the work of filmmakers, protect copyright, and refuse to pirate photography.

However, the phenomenon of screen photography has never been eliminated.

Not only that, the term “screen shot” is still a strange word for many people. They don’t realize that they take pictures or record a short video while watching movies in the theater, and then post it on social platforms, circle of friends, friend groups, etc. The behavior is screen shooting, stealing shooting.

In fact, these behaviors may have interfered with the normal viewing of others, and even violated the law.

  What is screen photo?

As the name suggests, take pictures or take pictures on the screen.

The screen shooting mentioned here mainly refers to the act of taking pictures or video recordings of the movie being shown while watching a movie in a theater, and it also includes recording in a broad sense.

As stated in the proposal, "The movie being shown is not a scenic spot." In reality, many people actually regard the movie being shown as a scenic spot. Taking pictures and videos depends entirely on their mood.

  Regarding the starting point and purpose of screen shooting, in terms of screen shooting psychology, there is one kind of "punch card" psychology, which proves that you have seen it by taking photos and videos.

Such viewers often "share" photos or short videos taken on the screen through various channels to achieve the effect of making the "I've seen" news public.

One is the "memorial" mentality, where you can take or record the wonderful moments, so that you can revisit the plot after watching the movie, fine-tune the acting, write your feelings, and film reviews.

Such viewers often hold their mobile phones in their hands, as if they are taking snapshots at any time to complete a task.

There is another kind of "profit-making" psychology. The "gun version" is made through pirated recording and posted on the website or official account to attract more attention, or directly sold for profit.

Such audiences often record the whole process, and individual people or groups also have special pirated recording equipment.

In addition, there are some audience screen shots for the purpose of supporting idols and promoting movies.

  In daily life, the "products" related to the three kinds of screen shot psychology are more common.

For example, some hot movies have just been released, and on Weibo, Moments, and WeChat groups, in addition to selfies and group photos, there are also screen shots or small videos that appear at the same time as the movie ticket photos; in some film review articles or short reviews, there are also A large number of screen shots are interspersed or assembled into a nine-square grid; in addition, some "gun version" movie resources have begun to spread on the Internet almost on the day of the movie's release.

2. Screen shots are suspected and spoilers are annoying

  Is screen photography a personal freedom?

Should the act of screen-camera be condemned?

There are many similar voices in the responses of netizens, such as "I just take a picture", "I paid for a ticket to record a picture" and other similar voices, and some netizens think "He takes his pictures and I see mine, and they do not affect each other." A memorial is understandable", but most netizens sneered at the behavior of screen shooting, thinking that screen shooting was extremely uncivilized behavior.

These different voices also show the importance of education and guidance.

  With the development of the art market, etiquette related to watching movies and theaters has gradually become popular. Taking pictures and videos while watching movies in theaters has obviously exceeded the scope of personal freedom.

On the one hand, the act of screen shooting is an indifference to the etiquette of cinema viewing.

Attentive audiences will find that whether it is a theater ticket or a movie ticket, the back of each ticket is printed with words such as "Audience Notice", which is juxtaposed with "No photography in the theater, no pets" etc. , Sound recording and video recording" is a clear prohibition on the act of screen shooting.

Just as you can’t smoke or bring pets at will, refusing screen shots is also a basic etiquette for watching movies.

On the other hand, screen shooting is a disrespect for the work of the filmmaker and other audiences.

Many viewers have this kind of experience when watching movies. Every time the movie is performed in the most exciting place, their emotions fluctuate with the movie, but there are people who take out their mobile phones to adjust the focus, horizontal and vertical shooting, and post to Moments. People are bored, and the quarrels and conflicts that result from this also happen from time to time.

In addition, posting screen shots "works" on social platforms will lead to spoilers to a certain extent, which will not only affect the viewing experience of potential audiences, but may also weaken the motivation of some audiences to enter the theater to watch the movie, directly or indirectly affecting the movie. Box office.

  Screen shots were suspected, and spoilers were annoying.

In order to maintain the audience's viewing experience, filmmakers are also making continuous efforts.

For example, in addition to participating in the "Civilized Viewing Movies and Refusing to Steal Films", the crew of "Detective Chinatown 3" also specially recorded "Detective Tang 3" spoiler prevention video, calling on the audience to "watch "Detective Tang 3" without spoilers. ".

In the comment area, some netizens feared that some spoilers would ruin the year's expectation, saying that they "do not use Weibo or watch Moments before watching the movie", which aroused the resonance of netizens.

More netizens actively participated in the call for "civilized viewing, no screen shots, no spoilers".

  Judging from the viewing situation during the Spring Festival this year, the "Civilized Viewing, Refusal to Piracy" proposal on the Internet triggered a large discussion on the resistance to screen filming and piracy. The effect is obvious.

After the beginning of the Spring Festival, the situation of screen photos and small videos flooding Weibo and Moments of friends decreased significantly.

"Refusal to steal filming" is changing from an advocacy, supervisory external pressure to a film-watching consciousness.

The persistent advocacy activities carried out by the majority of filmmakers at film festivals and during the film's prime time are quietly changing some uncivilized movie-watching phenomena.

3. Piracy and transmission are illegal, and strict crackdowns should be used to standardize order

  During the Spring Festival this year, the majority of viewers consciously regulated their movie-watching behaviors, not taking screen shots or stealing shots, which made people see the gratifying scene of civilized movie-watching.

However, the emergence of "gun version" resources and small-scale dissemination remind us that the rampant piracy is still challenging the bottom line of the law, especially when some people or groups are driven by interests to organize pirated recording and dissemination, which not only harms filmmakers. The legitimate rights and interests of the film industry have seriously interfered with the order of the film market and affected the healthy development of the film industry.

Therefore, in addition to advocating and calling for such spring-like guidance and education, strict legal regulations and regular crackdowns are indispensable.

  Screen photography itself is pirated photography. The use of pirated resources for profit-making and commercial dissemination is an illegal act that infringes original copyrights. If the circumstances are serious, criminal responsibility should be borne.

Theft and pirate recording reflect the indifferent legal consciousness of some people, and also the importance of having the law to be followed and the law must be abided by.

Article 31 of the Law of the People’s Republic of China on the Promotion of the Film Industry stipulates: “Without the permission of the right holder, no one may record or record a movie that is being shown. If it is discovered that there is a recording or video recording, the cinema staff shall have the right to stop it, and Request it to be deleted; those who refuse to obey, have the right to ask them to leave.” This is a legal provision that has been repeatedly quoted when discussing the topic of screen photography. However, most theaters have not done a good job of stopping and persuading them to leave. Objectively Indulge in screen shooting and pirate recording.

Individual theaters refer to theater management methods and use laser pointers to remind the audience that they are taking pictures on the screen, which has a certain effect.

This kind of reminder may be a little bit more. Its advantage is that it is relatively flexible and less disturbing to other audiences. One stop may make the audience more aware of "rejecting screen shots from me" than ten general publicity.

  Innovative methods can be used to remind and stop the audience’s screen-shooting behavior. However, the behavior of pirating and disseminating pirated resources needs to be cracked down.

During the Spring Festival this year, the Copyright Administration of the Central Propaganda Department and other departments jointly deployed a centralized action for the protection of film copyrights in theaters, and severely cracked down on illegal and criminal acts such as the pirating and transmission of films in theaters during the Spring Festival. It is the "strongest" in regulating the copyright order of the film market. The escort of the New Year's Eve file played an important role.

Concentrate actions to severely crack down on infringement and piracy such as sneak shots and illegal transmission in theaters through measures such as early warning and protection, organization of inspections and monitoring, and strengthening of clues.

At the same time, give full play to the role of theaters, theaters, network service providers, and industry associations, strengthen linkage and cooperation, and jointly strengthen the social co-governance system of film copyright protection in theaters. The joint force of the rule of law, the rule of virtue, and the co-governance of the industry has created a civilized film viewing. The good atmosphere of the film fully guarantees the audience’s viewing experience.

However, the phenomenon of piracy has not disappeared, and the awareness of respecting and protecting copyright needs to be further popularized and strengthened. There is still a long way to go to make "civilized viewing of movies and rejecting piracy" more deeply rooted in the hearts of the people.

(Author: Xu Qingyong, Associate Professor, Department of Qingdao University School of Law)