The infringing target of film and television dramas turns to the infringer and is copied by others, and the advertisement of "unblocking the illegal account" is hot.


  The new trend of infringement behind the short video of chasing dramas

  When the voice of domestic anti-piracy and infringement is rising, the short video platform MCN has turned its attention to Thai dramas, Korean dramas and American dramas.

  When the infringers still didn't understand whether the "Standard Rules for the Review of Online Short Video Content" would affect them, they found that they had been "plagiarized" by the younger generation.

  When plagiarists face the risk of being locked up in the short video platform "Little Black Room", some people start to run advertisements of "Platform Rating Ban and Unban".

  When it was publicly reported that in the past three months, a short video platform had removed millions of film and television infringing videos and banned tens of thousands of film and television infringing accounts, fans of the film could still see a lot of copyright content through the platform's recommended channel every day. Short video clips of unidentified film and television dramas.

  There has been a new trend in the infringement behind short videos of chasing dramas.

  99 yuan entry "scissor hand"

  Recalling that when she first entered the industry, Ms. Jiang (pseudonym), a practitioner of short video film and television editing, described it as "like a chicken blood all day long".

At the beginning of 2020, due to the outbreak of the epidemic, Ms. Jiang's leisure time increased.

She met a netizen who claimed to be "accepting apprentices for editing" on the Internet, paid 99 yuan, and stepped into the short video film and television editing industry ignorantly.

  Video clips, including video clips splicing, mixing and video commentary, among which "taking a few minutes to follow the drama" is the most common form.

This form is to split or distribute a film and television work to introduce the core plot of the work to the audience.

  According to Ms. Jiang, the post-90s who learn "craftsmanship" from their masters are mostly post-90s.

Out of interest, Ms. Jiang opened two Douyin accounts, edited domestic dramas and Thai dramas, and uploaded the updated content of the episodes.

With the dividend of short video development, her domestic drama account has 30,000 fans in about half a year, and the number of fans of her Thai drama account has risen to 270,000.

  Short video clip "realize the industry chain"

  According to Ms. Jiang's introduction, at present, the industry has developed a complete "realization industry chain".

  One type of monetization method only relies on personal accounts, and monetizing the amount of playback is the easiest way.

A staff member of a MCN (Multi-Channel Network) agency specializing in short video film and television editing said that uploading works to various short video platforms will "benefit if you have the amount of playback."

After the account has accumulated a certain number of fans, the monetization channels will become more diverse, and you can receive additional advertisements, live broadcast and bring goods, and do long video platform publicity tasks, Douyin star map tasks, etc.

  According to MCN industry insiders, the market quotation for an advertisement for an account with millions of fans is tens of thousands, and the quotation for movie promotion ranges from 3,000 yuan to 8,000 yuan.

In addition, selling accounts is also a way to realize cash. Ms. Jiang once sold her account with 30,000 fans at a price of more than 1,000 yuan.

  Another major monetization method is apprenticeship or teaching operation, which is a stable and expanding transaction, and the market price is also rising.

A reporter from Beijing Youth Daily asked several accounts of "editing, exchange and learning" as a scholar.

  There are 'best ways' to avoid copyright

  The pool of film and television editing has continued to expand, and copyright issues have gradually surfaced.

After asking several film and television editing bloggers and MCNs, the reporter of Beiqing Daily found that most people did not pay attention to it.

In fact, infringement has always been the tacit understanding of the group, and a set of techniques to avoid infringement has been developed in the industry. It is "too much thinking" to worry too much about being sued for copyright issues.

  A reporter from Beiqing Daily tried to express concerns about copyright to MCN as a student. An MCN organization promised that TV dramas and variety shows that have been broadcast can be done with confidence, and the organization will provide film and television resources and access channels.

In addition, the other party claimed that "the best way to avoid copyright is to do foreign ones. Korean dramas, American dramas, and Thai dramas have no copyright issues."

  In fact, overseas film and television works are not without copyright issues.

For a long time, the State Administration of Radio, Film and Television and the Ministry of Culture have also continued to manage overseas film and television resources.

  In June 2021, Ms. Jiang's 35 Thai dramas "Born A Couple" on the platform were all removed due to copyright issues, "It is said that there are no copyright issues in Thai dramas because it is impossible for Thai people to find you, but if a domestic If the long video platform wants to introduce this drama, the copyright problem will exist again."

  At present, almost all the film and television editing in the short video platform has turned to film and television commentary. "Originally, the TV series was edited and added with music, cover and introduction, and the commentary had to add its own voice and copy." This is a way of circumventing copyright issues. , as well as strategies for plagiarism and low originality issues.

  Of course, there are also short video film and television clips that MCN is doing is a legal business - taking tasks to make announcements.

  Secondary infringement against "infringer"

  Ms. Jiang found that film and television interpretation is far more difficult than editing, and it is difficult to form her own ideas.

With the development of film and television commentary, a number of derivative industries have emerged to save energy and "opportunistically", plagiarism and handling have not declined but flourished, and even software that extracts copywriting in batches has emerged to extract other people's commentary text and make some corrections , Misplacement, it's your own copy.

  What's more serious is that there is also an industry that completely transfers other people's achievements. There are a large number of courses on the market that transfer and plagiarize ready-made videos of others, resulting in secondary infringement of "infringers".

  In a film and television commentary exchange group, a reporter from Beiqing Daily found five or six tutorials on "handling technology commentary" and "batch quick handling" in the free materials shared by the group owner.

After opening some of the tutorials, a reporter from Beiqing Daily contacted two masters and apprentices who were doing editing and handling for consultation.

The master said that it was a waste of time to spend 3 hours a day on editing and commenting by himself, and it only took 3 minutes for the computer to transport a work.

Regarding the question of whether the original author of the transfer will sue, the other party affirmed that there will be no such situation, "because the works edited by him are also plagiarized, and everyone has no copyright."

  In a tutorial on film and television transfer, a teacher said bluntly: "It saves more than a little bit of money compared to finding materials and watching TV by yourself, and it is easier to become popular." Coupled with the protection of account unblocking, moving other people's works becomes a piece of work. Something less costly to breach.

  "Unblocking" becomes a new business

  In the circle of friends of some film and television handling practitioners, a large number of enrollment promotions appear every day.

A reporter from Beiqing Daily found that they were doing another business - "platform rating and title unblocking" and "batch handling, including unrating and handling, low degree of originality, and work violations" were packaged in the same set of one-on-one teaching.

  On a short video platform, if it is detected by the system that it often publishes advertisements or moves too many videos, the account will be rated and dealt with, and the punishment will be to reduce the recommendation of works in the future, or even be banned in the "little black room", and the user will be judged to be rated. There is only one chance to appeal the title and the title.

  According to the pictures they posted in the circle of friends, a large number of accounts rated as "low originality" have returned to normal, no matter what kind of punishment they have received from the platform, no matter whether they have used up the opportunity to appeal before, in their "help" The following can be solved successfully.

  Where is the boundary between secondary creation and infringement?

  Having been engaged in short video film and television editing for nearly two years, Ms. Jiang found that many of the first group of people who joined had quit or transformed.

The traffic pool was continuously divided up, and after doing it for so long, "a total of several thousand yuan was earned".

Compared with the propaganda of "monthly income of tens of thousands", what Ms. Jiang sees is the confusion of young people at the bottom.

  A group of people withdrew, and a steady stream of new people continued to pour into the industry, testing the boundaries between platforms and rules, exploring new evasion measures, and looking for profit-seeking space.

  Even if they don’t want to be opportunistic, those who really do it with heart will feel embarrassed because they can’t figure out the boundary between secondary creation and infringement.

The blogger "Xuanyuan Scissors", a blogger with millions of fans, once proposed that he hoped that the copyright owner and the platform could reach a consensus to clarify what kind of content, how long the editing is considered to be infringing, and what degree of two-cut and two-creation is allowed. , to distinguish between the carefully produced erchuang video and the cutting and handling.

  The Beiqing Daily reporter found in the investigation that many film and television editors did not understand whether their works were taken off the shelves because they violated the rights and interests of the original IP of film and television dramas, or because they infringed or copied other short video clips of film and television dramas that had already been infringed. work.

  Lawyer's statement

  It is recommended to compact the main responsibility of the short video platform

  Wang Jun, a lawyer who is good at representing intellectual property cases, told the Beiqing Daily reporter that if the short video platform does not have an interactive relationship between film and television promotion and promotion with the drama party and the film and television producer, editing and uploading the short video of the film and television drama without the permission of the producer, this is a problem. an act of infringing the copyright of the right holder.

  On December 16, 2021, the China Network Audio-Visual Program Service Association issued the "Detailed Rules for the Review of Online Short Video Content" (2021), in which Article 93 stipulates that short video platforms shall not cut or adapt movies, TV series, etc. without authorization. Various audio-visual programs and clips such as online film and television dramas.

  Liu Jiacheng, member of the National Committee of the Chinese People's Political Consultative Conference and vice president of the China TV Drama Association, submitted the "Proposal on Strengthening Short Video Infringement Punishments and Innovative Authorization Mechanisms" this year.

The proposal emphasized that "the 'safe haven principle' stipulated by law has become an excuse for short video platforms to evade responsibility"; "the fragmented and fast-food content presentation methods of short video platforms have seriously damaged the profound connotation and spiritual value of literary and artistic creation."

  In Liu Jiacheng's view, there are three main reasons why infringement is difficult to cure: "First, many short video creators have insufficient awareness of copyright protection; second, short video platforms are driven by economic interests, acquiesce or even condone infringement, and lack the main responsibility. The regulatory measures and technical means for infringement are seriously inadequate; thirdly, administrative and judicial remedies are relatively lagging behind for infringement of short videos.”

  In this regard, he put forward three suggestions: 1. Consolidate the main responsibility of short video platforms to protect intellectual property rights; 2. Increase the crackdown on infringements of short video platforms; 3. The basic principle of "authorization before use" , establish an authorization mechanism for short video creation.

  Journalist's Notes

  How platforms find the answer between traffic growth and intellectual property protection

  According to the "2021 China Online Audiovisual Development Research Report" released by the China Online Audiovisual Program Service Association in June last year, as of December 2020, the number of online audiovisual users in my country reached 944 million, and the number of short video users reached 873 million.

As a short video platform that is constantly chasing user growth, one of the underlying logic is to support the content that users like, let the same type of content grow continuously, and then pull out a beautiful user growth curve.

  The popularity of content not only affects the support strategy of the platform, but also determines which track the creator chooses to put into production, accumulate fans, and finally realize monetization.

  Since 2020, with the growth of demand for online entertainment, a short video infringement industry chain around film and television content is taking shape.

At one end of the chain, the creators on the top of the tower completed the original accumulation of wealth; at the other end, the short video platform ran out of an upward growth curve.

  In the past year, with the increase of rights protection by copyright owners, some infringing short video accounts have been asked to take their content off the shelves or even banned, but on the short video platform, the infringing film and television content is like a weed that burns endlessly.

Perhaps the growth curve behind this gray industry chain can inspire people: how to find the answer between traffic growth and intellectual property protection for platforms chasing traffic.

  Text / Beiqing Unannounced Visit Team Coordinator / Man Yi