On February 15, the entry "Xue Zhiqian's stolen photos" became a hot search on Weibo. Because Xue Zhiqian shared his thoughts after watching the movie "Flying Life 2" directed by Han Han on Weibo, the three pictures of the movie shot in the cinema attached to the article triggered a "stealing" controversy. On February 16, he posted a limerick in response to doubts, saying, "My heart is bright, so what else can I say?"

  Does watching movies and taking photos and posting them on social platforms such as WeChat Moments and Weibo count as "stealing photos"? On February 16, reporters from West China Metropolis Daily and Cover News interviewed copyright experts, lawyers, and senior practitioners in the film industry. They mentioned that "whether the things photographed are used for commercial purposes" is the key to determining whether the behavior is stolen.

  As of press time, the official Weibo of the movie "Flying Life 2" has not yet responded to this.

Joker Xue posted movie scenes on Weibo

Sparking controversy among netizens about "stealing photos"

  The box office for the 2024 Spring Festival period reached 8.016 billion yuan, and movies during the period attracted attention and discussion from all parties. On February 15, Xue Zhiqian shared his thoughts after watching "Flying Life 2" on Weibo. The filming of the movie screen pictures triggered a "stealing" controversy.

  Some netizens said that Xue Zhiqian's filming content did not reveal the plot and was not used for commercial purposes. There was no illegal filming. Some netizens also said that refusing to take screen shots is a basic requirement for watching movies, and it is indeed inappropriate for public figures to take the lead in "stealing photos". Related topics have become hot searches.

  On February 16, Xue Zhiqian wrote a "doggerel", suspected of responding to the question of "stolen photography". Regarding his latest Weibo post, many fans left messages of comfort, saying that he was helping his friends to promote the movie, "You are right." However, some netizens were still confused and complained.

Does taking photos and posting them on social media count as stolen photos?

Lawyer: It depends on the instructions from the film owner.

  In 2021, singer Naiwan also caused controversy due to "filming the screen in a movie theater" and finally issued an apology.

  Does taking photos while watching a movie and posting them on social media count as stolen photos? Yao Cen, founding partner and director of Shanghai Hongsheng Daoyuan Law Firm, believes that regarding this hot incident itself, we must first clarify the legal definition of the concept of "stealing". "Currently, it is understood that there is no legal definition of this concept in our country." It is not legally binding, and if it is understood literally, it may refer to an act of private filming without permission or in violation of legal provisions, and does not include dissemination after filming."

  Yao Cen believes that as far as this act is concerned, from From the perspective of basic social cognition and common sense, it is indeed uncivilized and inappropriate. From the perspective of film industry legislation and management, it also violates my country's relevant legal regulations for promoting the development of films. Relevant rights holders such as film producers, publishers and distributors, cinema exhibitors, etc. have the right to take statutory rights protection measures such as prohibition.

  Judging from this incident, the perpetrator may not only be suspected of "stealing photography" itself, but also carried out dissemination behavior. Combined with the actor's public figure status, the impact of this communication behavior is still relatively large.

  However, it should be noted that: judging from the actor's self-expression, it does not rule out that the behavior was authorized by the film-related rights holder for the purpose of promoting the film. Whether it is legislation to promote film development or legislation to protect intellectual property rights, it is mentioned that with the permission or authorization of the rights holder, it is not illegal for others to film and disseminate.

  In general, it is necessary to wait for clarification from the film rights holder to determine whether it is "stolen filming" and illegal. No matter what the final situation is, Yao Cen still advises public figures to pay more attention to their words and deeds to avoid causing public misunderstanding and negative public opinion, and to avoid "willful behavior".

Industry insiders’ views:

The criterion for judging whether it is stolen photography is "commercial use"

  Zheng Ye, the famous director and screenwriter, believes that whether the film is stolen depends on whether the filmed things are used for commercial purposes. If it is for commercial use, then this is illegal.

  But according to Zheng Ye's understanding of the matter, he believes that the photos sent by Xue Zhiqian are not a problem and will only benefit the film's publicity and have no negative effects, so the film studio should not pursue it.

  Zheng Ye believes that in the final analysis, to determine whether it is "stealing", the first thing to look at is whether it affects the interests of the film company, and the second thing is whether it affects the interests of moviegoers. As long as these two aspects are not affected, then there is nothing wrong with it.

  Zhang Tingyuan, director of the Chengdu Zhidu Intellectual Property Research Institute and chief copyright expert of the Sichuan Copyright Association, believes that movies are copyrighted works that are popular with the public. From screenwriting, filming, production, distribution to theaters, the journey is not easy and the investment is risky. big. Consumers spending money to watch movies are market returns to original creators and investors. Respecting originality and protecting copyright are the responsibilities of citizens. Filming and video recording are prohibited in theaters, otherwise piracy will become rampant. Using your mobile phone to take one or two favorite characters or pictures, as long as it is not used for commercial purposes and you just post the pictures on Weibo or Moments, without revealing the plot in detail, does not constitute infringement of the original work in principle.

  Zhang Tingyuan believes that movies are a special kind of cultural and creative products. In the context of intellectual property protection, we advocate the protection of works during dissemination and dissemination during protection. If the pictures taken are not used for live streaming, product packaging, or product introduction, and are not for "making money", in principle they do not fall into the category of "stolen photography." However, those who intend to graft "touch porcelain" and divert commercial traffic are excluded.

  It is understood that during the Spring Festival in 2023, "stolen photography" also caused heated discussions. Seven films including "The Wandering Earth 2", "Bear Bears Are With Me", "China Ping Pong: The Last Strike", "River Red", "Exchange Life", "Unknown" and "Deep Sea" collectively issued a collective voice calling on everyone to boycott piracy and strictly guard against theft. Record pirated broadcasts, strictly abide by and consciously maintain order.

  Zhang Tingyuan suggested that the audience should not take pictures of the characters, scenes, scenes, and details in the film and "make it public" during the movie viewing process. They should have a bottom line and abide by the red line to form a society-wide "respect for innovation, protect originality, and protect copyright from me." "Starting from" copyright ecology.

  West China Metropolis Daily - cover news reporter Zhou Qin