There are 3 packages to choose from. Can you remake various dramas. Is it infringement for ordinary people to remake popular dramas?
■ Recently, the remake of "The Legend of Zhen Huan" by 16 retired aunts in Hengdian Film and Television City became popular on the Internet.
The Chengdu Business Daily-Red Star News reporter noticed that the company undertaking the filming is Hengdian Film and Television City Micro Film Co., Ltd. in Dongyang City, Zhejiang Province (referred to as "Hengdian Micro Film Company").
In addition to "The Legend of Zhen Huan", the company has also remade or adapted popular TV dramas such as "Jin Yu Liang Yuan", "Gong Suo Xin Yu", "Flower Thousand Bone", "Bright Sword", "The Pretender" and "Story of Yanxi Palace".
■ According to the information sent by its staff to reporters, since its establishment in 2016, Hengdian Microfilm Company has shot a total of 6,524 large and small film and television works.
Customers can modify their lines and implant corporate culture according to their needs.
Today, as an important project in the tourism service industry of Hengdian Film and Television City, the micro-film experience tour has achieved industrialization and large-scale operation, but its copyright issue is still wandering in the gray area.
■ According to the relevant provisions of the "Copyright Law of the People's Republic of China", the filming of micro-films involves profit. Whether it is adapted or remade according to the original drama, the permission of the copyright owner should be obtained, otherwise it may infringe the rights of adaptation, production, information network dissemination, and performance rights of the original work. Wait.
■ Lawyer Zhang Lijuan of Guangdong Zhuojian (Chongqing) Law Firm said that the remake of Hengdian Film and Television City's "chaos" on the one hand shows that there is a huge market for this experience economy, on the other hand, it also reflects that the relevant companies have failed to remake and protect the original works. Find a balance between.
Hengdian Micro Film Company offers 3 service packages:
The basic version of a shooting time is two or three hours, and the price is around 2,000 yuan;
The deluxe version takes five or six hours to shoot, and the price is around 12,000 yuan;
The customized version starts at 30,000 yuan per game
1
Film and television remakes are divided into 3 packages
Many shows are similar to popular dramas
"Many groups of tourists who come to Hengdian will have a micro-film experience tour." When the reporter consulted as a customer, Manager Zhang of the Hengdian Micro-film Company said that relying on the Ming and Qing Palace, Guangzhou Street, Qin Wang Palace and other film and television bases in Hengdian Film and Television City , Film and Television City receives a large number of tour groups, student summer camps, and corporate teams from all over the country for micro-film shooting every year.
According to Tianyancha data, there are currently more than 700,000 film and television-related companies nationwide, of which 3,195 are in Dongyang City, where Hengdian Film and Television City is located.
In terms of registration time, 52.79% of film and television companies in Dongyang City were established in the past five years, and the largest proportion was 36.9% with a registered capital of less than 1 million yuan.
Hengdian Micro Film Company was established in January 2016 with a registered capital of 1 million yuan and is 100% owned by Zhejiang Hengdian Omnimedia Technology Co., Ltd.
Hengdian Group Holdings Co., Ltd. is the major shareholder of Zhejiang Hengdian Omnimedia Technology Co., Ltd., with a shareholding ratio of 98%.
Manager Zhang introduced that Hengdian Microfilm Company provides three service packages for tourist groups including basic version, deluxe version and customized version.
The basic version takes two or three hours to shoot, and the price is around 2,000 yuan; the deluxe version lasts five or six hours, and the price is around 12,000 yuan; the customized version starts at 30,000 yuan per session.
In terms of scripts, the basic version and the deluxe version are used for shooting scripts, which are general-purpose scripts provided by Hengdian Microfilm Company.
The customized version of the script can be provided by the customer, and the company can also create a professional script according to the customer's concept.
However, the company will advise clients to choose a generic script adaptation format.
On this basis, the company will appropriately modify the lines according to customer needs and implant corporate culture.
The experience version and deluxe version script documents sent to the reporter by two other staff members of Hengdian Micro Film Company show that not only the names of the scripts available for shooting are listed, but also the corresponding story introduction, number of people required, suitable crowd and other information .
The reporter combed through these plays and found that many of the plays have the same names as the previous film and television plays, such as "Golden Jade Love", "Gong Suo Xinyu", "Huang Feihong and the Thirteenth Aunt", "The Pretender", "The Story of Yanxi Palace", and "The Legend of Zhen Huan: The Drop of Blood and Recognition" filmed by 16 retired aunts.
In addition, many scripts and dramas for children and students have the same titles as film and television dramas, such as "The Young Son of Heaven", "Flower Thousand Bone", "Bright Sword", "Little Soldier Zhang Ga" and so on.
In addition to the similar names of the plays, the stories of these scripts are also mostly intercepted from related clips of film and television dramas.
For example, the brief introduction to the story of the Hengdian micro-film version of "The Legend of Zhen Huan: The Drop of Blood and Recognition of Prostitutes" is: "(The play) tells the story of the noble man Qi who framed Zhen Huan's innocence, had an affair with Wen Shichu, and asked someone to testify. The emperor heard the news and the queen advocated The story of the emperor agreeing to carry out a blood-dropped confession. Can Zhen Huan survive the catastrophe in the end, and what kind of turmoil will there be in the harem?" The relevant plots in the novel "The Harem: The Legend of Zhen Huan" are almost identical.
A staff member of Hengdian Microfilm Company also sent the finished film of the deluxe version of the play "The Empress Dowager Auspicious" to the reporter.
The style of the title of the micro-film is highly similar to the style of the TV series "The Legend of Zhen Huan", and the title song is copied from the title song of the TV series "The Legend of Zhen Huan", that is, "Hong Yan Jie" sung by singer Yao Beina.
2
Remakes hit dramas for many companies
A manager says there is no need to worry about copyright
Regarding the customized version of the repertoire, a staff member surnamed Wang of Hengdian Microfilm Company sent a document to the reporter called "Recommendation Plan for Private Customized Film and Television Experience Activities of "We Heng Youxi".
In the introduction of this document, customers can choose the repertoire according to two options: adaptation of popular drama and original script.
However, in the document, it is suggested that the client choose the adaptation method of the hit drama. The reason is that: the adaptation of the hit drama can keep the "plot outline unchanged, integrate into the class culture and content, increase the interest, interpret their own version, and spread quickly. ."
The document mentioned, "(Hengdian Microfilm) company has shot 6,524 large and small film and television works since its establishment. It has 35 core team production staff and nearly 200 special cooperative staff." The document also lists some customer lists at the end, such as Filmed "Celebrating More Years" for the executive team of an entertainment company, filmed "Kangxi Dynasty" and "Strategy of Yanxi Palace" for a large bank, filmed "Military Alliance: Three Kingdoms" for a pharmaceutical company, and filmed "Decisive Battle Purple" for the headquarters of an Internet company Forbidden Top", "Army Team Behind the Enemy" and so on.
The staff member surnamed Wang then sent a customized version of the finished film to the reporter called "langyabang", which is a micro-movie shot by Hengdian Microfilm Company for an international business school alumni association.
This 18-minute micro-movie is an adaptation of the related plot of the TV series "Langya Bang".
The content of the plot and the names of the characters are highly similar to the related plots of the TV series "Langya Bang".
When asked whether these micro-movie scripts infringe copyright, Manager Zhang, who is in contact with clients, said: "Micro-movie shooting is an experience project for tourists. We have received thousands of tourists, and this concern is completely unnecessary."
In addition, the above-mentioned staff surnamed Wang told reporters: "Although we use the same name as them, we will make entertainment adaptations based on the actual needs of customers." In response to whether the 16 retired aunties filmed "The Legend of Zhen Huan" in Hengdian Film and Television City When suspected of infringement, Manager Zhang said: "The title of the drama we filmed for them was not "The Legend of Zhen Huan", and the videos that were broadcast were only called by the name of the aunts."
Manager Zhang also added: "There are many stills and posters of stars filming in the scenic spot, including stills of Zhao Liying, Yang Mi and other stars, as well as stills of Sun Li playing Zhen Huan, these do not constitute infringement, because their crew is in the When Hengdian was filming, Hengdian signed a corresponding contract with the crew."
However, according to The Paper, the producer of "The Legend of Zhen Huan" Cao Ping said that the legal department of Hua'er Film and Television, the producer, did not authorize Hengdian through the official channels of "The Legend of Zhen Huan", so Hengdian should not have the right to remake "The Legend of Zhen Huan" , Performance profit-making projects.
"If it is for the masses to entertain themselves and shoot and play by themselves, and it does not involve profit, it is ok. However, if the public release of the work of the same name must be said, it is indeed suspected of commercial use, and it is still necessary to obtain permission from the copyright owner. authorization."
Lawyer's statement
The company shoots hit dramas for ordinary people
Is it necessary to worry about copyright?
According to Article 16 of the "Copyright Law of the People's Republic of China", the use of works resulting from adaptation of existing works for performances and production of audio and video products shall obtain permission from the copyright owner of the work and the copyright owner of the original work, and pay remuneration.
So, is it necessary to worry about copyright when Hengdian Micro Film Company shoots popular dramas for ordinary people?
In an interview with the media, lawyer Lei Zhen, partner and director of the Intellectual Property Department of Shanghai Chaoxin Law Firm, believed that according to the relevant provisions of the Copyright Law, if tourists spontaneously organize the filming of the "Zhen Huan Biography" micro-movie out of hobbies, the shooter will not make any profit. , the viewer does not pay, from the perspective of tourists, this belongs to the category of free performances and should not constitute infringement in theory.
However, the filming of Hengdian Microfilm Company involves profit. Whether it is adapted or remade according to the original play, it should obtain the permission of the copyright owner, otherwise it may constitute an infringement, and whether or not to publicly release the filmed work only affects the consequences of the infringement.
Liu Tingting, an associate professor of law, pointed out that the public only sees the remake as entertaining and fun, but does not see the copyright infringement of this kind of behavior.
From the perspective of the legislative spirit, the "exemption" preferential treatment of copyright is strictly limited to "self-use" and "free".
However, the experience of micro-film shooting is a profitable business. The organizer has to charge the experiencer a certain fee. If tourists upload to the Internet, they will be "blessed" by online traffic, which breaks through personal learning, research or appreciation, as well as teaching or scientific research. The scope of application, so it is not included in the statutory "exemption".
How long is the copyright protection period for film and television works?
Zhang Lijuan, a lawyer from Guangdong Zhuojian (Chongqing) Law Firm, told reporters that the copyright of film and television works may belong to the producer, the producer, or the creator of the original work in different situations.
As an audiovisual work, the protection period of the right of publication is 50 years, ending on December 31 of the 50th year after the creation of the work. The term of protection is 50 years, ending on December 31 of the fiftieth year after the work was first published.
Works that have not been published within 50 years of their creation are no longer protected by copyright law.
"Hengdian Film and Television City remakes movies and TV series, which in a sense shows that the remake experience economy has broad market prospects. However, from the current situation, this experience economy has not yet formed a mature and compliant business model, and has not yet protected the original A balance and win-win situation between the copyright of film and television works and the realization of market value." Lawyer Zhang Lijuan said that if film and television companies want to remake film and television classics in compliance with regulations, they can consider two ways to achieve this through rational use and legal authorization.
The specific path is the best, whether it is used reasonably or authorized by the film and television company or film and television base, which needs to be decided according to the specific situation.
Chengdu Business Daily-Red Star News reporter Lu Yanfei
Intern Du Xin