Beijing, May 5 (Zhongxin Net) -- "In a small garden, dig and dig and dig, plant small seeds, and bloom small flowers. This is a children's song that has recently caused a lot of controversy in public opinion (hereinafter referred to as: "digging, digging"). At present, issues such as the identity of their creators, online violence, and content infringement continue to attract attention, and after a comprehensive review by Chinanews.com, relevant experts and lawyers were interviewed.
Question 1: Who is the original of "digging and digging"?
So far, there are at least four theories about the original creator of "digging and digging".
Among them, the two more controversial performers are Mr. Huang, who has the screen name "Music Teacher Blossoms and Wealth", and the screen name "Miss Onion (Teacher Peach)". After becoming popular, their fans on the platform have reached millions.
The picture on the left is a screenshot of Mr. Huang's video; The picture on the right is a screenshot of Teacher Peach's video.
Chinanews.com inquired about their earliest release time on the short video platform, Teacher Peach on April 4, and Teacher Huang on April 24.
In addition, on April 4, the author of the screen name "Strawberry Shell" released a "digging and digging" video performed by his kindergarten teacher girlfriend (net name: Little Strawberry Teacher). Some netizens pointed out that the author of the screen name "Wang Xiaoling" released a version of "Little Garden" on March 22, 2021.
Regarding the controversy, Mr. Huang said in the copy of the video that his video has imitation and innovation.
On May 5, Teacher Peach said in an interview with the media that there is no question of who is original in the "digging and digging" video. She said that she only filmed the accompaniment of "Listen to Mother" and the finger dance of "Garden Flowers" in the classroom.
"Little Strawberry Teacher" also posted a response on May 5, saying that there is no question of who is original.
According to media reports, "Wang Xiaoling" once introduced in the live broadcast room that the lyrics of this song were first adapted by her and named "Little Garden". However, online information shows that the lyrics, music and arrangement of the work of "Little Garden" are all "Su Su".
Screenshot of the "Little Garden" video released by Wang Xiaoling.
Question 2: How do you think of several anchors being raped online?
The controversy surrounding the video's original attribution has grown, even triggering online violence against several performers. In addition, there are questions about the identity of the anchor and the attack on appearance.
According to media reports, due to the pressure of public opinion, Teacher Huang is worried about his personal safety and has taken leave to go back to his hometown to hide.
"Teacher Peach" released a video saying that there were many abuses, some netizens criticized her for not looking good, and the sound of black smoke made her feel anxious and insomnia. On May 5, the topic #Digging, digging, poaching the popular peach teacher said that he was very anxious#rushed to the hot search.
"Little Strawberry Teacher" posted a response after being attacked online, "I know I look ordinary, but I like this kind of self." She said that she hopes that everyone can use the traffic to do something for the kindergarten teacher group, and do not lead the war.
On May 5, "Zhejiang Propaganda" posted that regardless of the right and wrong of the incident itself, online violence seems to have become the "standard" of hot events, and is escalating from rubbing hot spots to creating hot spots, which cannot but make people feel very worried.
The article said that each of us should maintain a higher degree of self-discipline, not take sides at will, do not make black and white judgments at will, and do not wave the banner of morality to judge others, but strive to remain objective, rational and kind.
Screenshot of the response of "Little Strawberry Teacher".
Question 3: What should part-time preschool teachers pay attention to?
There are rumors that Mr. Huang was an Internet celebrity signed by a brokerage company before his popularity. According to media reports, this statement is not true, and the brokerage company has also refuted the rumor.
However, on the account of "Music Teacher Blossoms and Wealth", Teacher Huang has begun to bring goods. As of press time, there are two items in the window, both children's African drums, which have sold 4 and 5 respectively. In addition, the platform shows that 960 items of the products recommended by Mr. Huang have been sold.
Some netizens said that the income from the popularity of "Mr. Peaches" can buy several apartments. She responded to the media that since she became popular, she has not broadcast much, each live broadcast is controlled within twenty or thirty minutes, and she has not driven everyone to brush gifts, so there is no situation where she "dug" several suites.
For these popular kindergarten teachers, some netizens worry that they will affect their own work and may infringe on the privacy of minors.
Chu Zhaohui, a researcher at the Chinese Academy of Education Sciences, believes that everyone should still regard this popular incident as an accidental phenomenon. As long as these teachers do not violate professional ethics, do not affect the teaching order, and gain some benefits after becoming popular, the public does not have to over-examine and criticize, but look at it with a more inclusive attitude.
At the same time, he pointed out that if these teachers plan to work part-time as anchors for a long time to get more benefits, they should still pay attention to professional norms, not cross the bottom line of the law, and must not cause adverse effects on minors.
Data map: Kindergarten classroom Photo by Lu Qiguo
Question 4: What are the legal issues of "digging, digging" video content?
Yue Tushan, a senior partner at Beijing Yuecheng Law Firm, pointed out that the copyright content involved in the "digging and digging" video performance includes text and background music. Except in special circumstances that comply with laws and regulations such as fair use, the permission of the right holder shall be obtained for the use of another person's work.
"It is difficult for the video performance to constitute fair use, and if the permission of the relevant rights holder is not obtained, there is a legal risk of copyright infringement in the use of text and background music."
Yue Tushan told Chinanews.com that fair use is an institutional arrangement that balances the copyright owner and the public interest, and under the circumstances stipulated in the "Copyright", such as "using the published works of others for personal study, research or appreciation", it is possible to obtain the permission of the copyright owner and not pay remuneration to him, but the name or title of the author and the title of the work should be indicated, and the normal use of the work must not be affected, and the legitimate rights and interests of the copyright owner must be reasonably harmed.
Xia Hailong, a lawyer at Shanghai Shenron Law Firm, told Chinanews.com that copyright infringement disputes are a common type of civil infringement in the Internet era, and the principle of "who claims is the one who provides evidence" is followed in litigation, and the plaintiff bears the burden of proof for the rights to the work and the alleged infringement. In the event that the court finds that the defendant has infringed, the defendant needs to bear civil liabilities such as stopping the infringement and compensating for losses.
Question 5: How to protect the copyright of short video content?
Xu Shengquan, associate professor of the School of Intellectual Property of Nanjing University of Science and Technology and director of the Jiangsu Trademark and Brand Research Center, said that at present, in terms of short video creation, the boundaries of fair use are not clear, the judgment criteria for commercial use are not clear, the channels for copyright protection are not convenient, and the compensation for the damaged interests of copyright owners is not timely and sufficient.
He told Chinanews.com that due to the existence of the "safe harbor" principle in China's copyright protection, platforms often do not take the initiative to review the copyright attribution of works. However, with the development of science and technology, the online platform has the ability to actively review, and the necessary prior and active review mechanisms should be adopted.
Xu Shengquan said that at present, most platforms adopt a publisher commitment mechanism, that is, the publisher promises to be responsible for the copyright of the published works, which is actually difficult to effectively prevent infringement, and "the platform should bear more responsibility for copyright review." (End)