"Screen shooting" or infringement, please take care of your hands [watch the movie "casual shooting" "casual hair", feelings? Follow suit? Share? Tort? 】
These days, have your social media been flooded with movie photos and videos that are "taken casually" in various movie theaters? Have you also finished watching a movie in your circle of friends? Recently, with the popularity of films such as "Slam Dunk", the audience's behavior of taking out their mobile phones to shoot the screen in the cinema has also caused heated discussions: is "screen photography" a feeling, or is it following the trend? Is it sharing, or infringement?
In this regard, the film side has issued a statement calling for "a joint boycott of pirated recording and piracy". The reporter interviewed relevant legal personnel and learned that without the permission of the right holder, no one may make audio or video recordings of the films being screened. There is no clear legal prohibition on taking only a single photo, but it is also an unethical act and is not advocated.
Always calling, always "screen photography"
The film industry has suffered from "screen photography" for a long time. The so-called "screen photography" usually refers to the behavior of the audience using mobile phones and other devices to shoot movie pictures on the big screen during the cinema viewing. Along with "casual shooting", there is usually "casual posting" to the network.
On the evening of its release, the official Weibo of the movie "Slam Dunk" issued a statement calling for "a joint boycott of pirated recording and piracy". At this time, many people's circle of friends has long been brushed, the famous scenes in the film appear on the network in the form of various "real pictures and videos of watching the movie", some netizens posted "show me your screenshots", and even movie mixed cut videos appeared, being ridiculed "I finished watching this movie in the circle of friends". In this regard, the film party wrote in a statement: "The theft not only seriously infringed on the rights and interests of the creative team and the film party, but also affected the viewing experience of other audiences. ”
In fact, it is not the first film to stand up and "call for anti-theft". In October 2019, the movie "Young You" released a Weibo, tactfully persuading: "To keep the beauty, you don't need to raise your mobile phone to the screen." With the people around you, reach a tacit understanding in the dark. Don't record or shoot, protect the movie "Young You" together. In January 10, seven new films in the Spring Festival file, including "The Wandering Earth 2023", jointly issued a statement, "advocating everyone to jointly boycott piracy and strictly prevent pirated recording and piracy."
However, it is clear that repeated appeals have not curbed the trend of "screen photography". At the 2019 Pingyao International Film Festival's "Dog Ming Village" post-screening main creator meeting, some viewers even showed the film video clips they took to the director. This time "Slam Dunk" was a hit, and many viewers left messages on the comic author's social media, attaching their "screen" pictures. Not only the audience is filming, but some actors have also raised their mobile phones to shoot at the big screen and posted them on Weibo, which was criticized by netizens.
"When I see others shooting, I can't help but 'check in'"
In this round of "screen photography" turmoil, many netizens stood up to boycott. But some viewers still feel "harmless", in the online discussion, some netizens left a message: "I take a few photos and post them on the Internet, it is also to promote the movie." Or think: "I spent dozens of dollars on movie tickets, I think it's not good, and I can't take a few pictures to complain about?" Taobao buys things for bad reviews, and I have to match a real picture. Some people expressed confusion: "I can understand that watching performances in concert halls and theaters is not allowed to take pictures, saying that it will affect the actors on stage." But the movies have already been filmed, and I will shoot them without affecting their performance. ”
Mr. Deng of the audience also filmed the "famous scene" of "high five" while watching "Slam Dunk", he said: "Actually, I didn't expect to shoot at the time, but I saw that many people took out their mobile phones, and I didn't hold back. I posted it to the circle of friends, which can be regarded as a memorial to my lost youth. ”
In fact, "check-in" is the common purpose of many viewers' "screen photography". At a time when casual sharing life is prevalent, take a picture that may not be high-definition, share it on social media, and prove that you are "present". As Mr. Deng said: "Just like you travel to take 'check-in photos', there are so many exquisite blockbusters taken by masters on the Internet, you still have to take one yourself, that means I have been here." ”
However, "screen photography" check-in is not the same as tourist check-in. "Kicking a stool, making phone calls, and shooting the screen are, in my opinion, the 'three bad habits' of watching movies in the cinema." Ms. Mao, a fan of the movie, said: "Maybe some people don't realize it, but 'screen photography' really affects other people. Not to mention those who filmed key plots and posted them on the Internet as 'spoilers'. Even if it is an unimportant picture, a mobile phone is suddenly raised in the dark cinema to shoot, the bright light is very dazzling, not to mention that some people do not turn off the shutter sound and do not turn off the flash when shooting. She was puzzled: "There are various official high-definition stills, posters, and trailers on the Internet, isn't it better than the high-paste photos and hand shaking videos I took?" If you really want to 'check in', take a ticket stub, or a poster or sign in the cinema, it is also very live-live. ”
Watching movies "on the fly", or has been suspected of infringement
"Shooting casually" and "sending it casually" when watching a movie is not only "annoying", but may also be suspected of infringement. Wu Guoyang, president of the Science City Court of Wuhan Donghu High-tech District Court, said: "If you only take a single photo, there is no clear legal prohibition. Article 31 of the Law of the People's Republic of China on the Promotion of the Film Industry stipulates that no one may make audio or video recordings of films being screened without the permission of the right holder. If it is discovered that audio or video recordings have been made, the cinema staff has the right to stop them and request them to delete them; Those who refuse to obey have the right to ask them to leave the scene. However, President Diệm also emphasized: "Screen photography just taking pictures is also an immoral act and is not advocated." ”
Wu Guoyang further explained, "In the case of merely taking photographs, according to Items 1 and 2 of the first paragraph of Article 22 of the Copyright Law, 'the use of a work may be carried out without permission or remuneration from the copyright owner under the following circumstances, provided that the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed: (1) using the published works of others for personal study, research or appreciation; (2) appropriately quoting in a work that has already been published by another person for the purpose of introducing or commenting on a work or illustrating a certain issue'. Taking photos for your own enjoyment or posting them on social media, but not for commercial use, also falls within the scope of fair use and does not constitute copyright infringement. ”
However, "if the photographs or audio or video recordings taken are used for commercial purposes, it constitutes copyright infringement." According to the Copyright Law of the People's Republic of China, civil liability such as cessation of infringement, elimination of impact, apology, and compensation for losses shall be borne according to the circumstances: if the infringing act harms the public interest at the same time, the competent copyright department shall order the infringement to stop, give a warning, etc., and if a crime is constituted, criminal liability shall be pursued in accordance with law. The Criminal Law of the People's Republic of China also provides for copyright infringement, with penalties of up to 10 years. ”
Some viewers believe that the title of the opening of the movie, the list of cast and crew at the end of the film, etc. do not involve a specific plot, and it does not matter if it is filmed. In this regard, President Wu Guoyang said: "The title and ending of the film also belong to the content of the movie, and there is no essential difference from other content. ”
Stopping the wind of "screen photography" also requires the self-discipline of the audience
On various social platforms, cinema "screen" pictures and videos sent by audiences are still common, and the debate about "whether watching movies can make screens" continues. At the same time, the call for civilized viewing is getting louder and louder. Many netizens called for "refusing to steal photography starts with me", enhancing copyright awareness, respecting the efforts of creators, and respecting the viewing experience of other audiences.
Sun Haitian, a lawyer and founding partner of Beijing AGIC Law Firm, said, "Buying tickets to watch movies in cinemas is a consumption behavior, but you should enjoy the excitement brought by the plot and pictures with your eyes, ears and body senses. Without the permission of the copyright owner of the film, the filming of the audience may be suspected of infringement. He stressed that in addition to resorting to the law, it should also be restrained and advocated from the aspects of social morality and personal quality, "The law stipulates the bottom line of people, but we cannot rely only on the law and only guard the bottom line." People need to be self-disciplined in their collective behavior, and in the social space they need to consider whether it will affect the rights of others. ”
Manager Zheng of the Wuhan Yifang store of Paragon Cinemas said: "We have been managing the behavior of 'screen photography' and 'illegal filming and recording'. In the civilized movie viewing promotional video played before the screening, there are tips such as no smoking, phone calls, and screen shooting. When there are enough people, there will be colleagues who will patrol the hall during the screening, see that there are audiences filming, and remind them to stop it. He introduced that in some special scenes such as advance screenings, the management of "screen shooting" and "pirated filming" will be stricter, and some filmmakers will make an agreement with the audience in advance to seal electronic devices such as mobile phones, or arrange special personnel to face the audience with their backs to the screen throughout the process. However, in daily screenings, these strict measures are obviously difficult to implement, and it is still hoped that the audience can be self-disciplined and jointly maintain a good viewing order.
Reporter Wan Xuming