Shulou(Shulou.com)11/24 Report--

This article comes from the official account of Wechat: intelligence Ji (ID:paperji), author: fleeting like ink, audit: thousands of miles

On May 17, a Japanese man was arrested by the police for violating the copyright law.

According to the police, the direct reason for the arrest was that he edited and uploaded several animations on Youtube, including "Destiny Stone Gate" and "Spies over every House", along with quick narration and subtitles.

And this guy is a habitual criminal. Since 2019, he has uploaded all kinds of animation works on the oil pipeline and made illegal profits by planting advertisements, which has long been a thorn in the side of copyright owners.

As a result, KADOKAWA, the copyright owner, identified the matter as an abominable infringement after consulting the content products overseas Circulation Promotion Agency (CODA), a comprehensive association that deals with copyright infringement, and submitted an application for assistance to the police.

As a result, the Japanese police attacked him with a heavy blow and took him down.

Although we had nothing to do with the Japanese being caught, it was hard not to look familiar with the way he was caught-- by submitting a quick commentary video. Ah, isn't this no different from the anime and movie commentary short videos of "look, that man is called Xiao Shuai" and "watch so-and-so animation in three minutes" on our domestic Douyin, bilibili and other video sites?

Then another question arises: can these domestic coaches who have the homogenous timbre generated by AI and take away the name of the leading actor in the movie be in charge of not violating the copyright law?

It's a complicated problem.

All over the world, oh no, young people who don't like watching Douyin have been suffering from short videos for a long time.

At lunchtime and dinnertime at home, Douyin-loving elders sit down at the dinner table in turn, take out their prepared mobile phone racks and open Douyin. In less than ten seconds, you can hear the familiar phrase "look, that man's name is Xiao Shuai" and their quarrel of "keep your voice down", making people dizzy.

And these commentary videos are really unnutritious, and their routines can often be summed up in a few words.

The beginning of the video directly throws out the most famous and eye-catching clips in the film, which are often full of sex, violence and crime. Even if the audience knows nothing about the origin of the content, they can also be attracted by the straightforward visual impact, creating a "Oh, this is exciting" feeling. As for the cause of the conflict in the clip and what will lead to it, it is neither important nor crucial.

The beginning is followed by a string of nonsense literature, "Xiao Shuai's hand is as big as a slap", "Cuihua this still does not catch up, it is estimated that it will not be able to catch up", simply pass a few important plots, and cover for the contradictions and conflicts thrown out at the beginning.

Finally, the use of online writers' favorite chapter-breaking skills, in front of a thrilling picture abruptly stopped, people can not help but click into the next video to watch the sequel.

In this way, the electronic mustard packaging of an assembly line product is completed.

With the success of this kind of video, more and more bloggers are pouring into the fast commentary industry. Because the programs are the same and the numbers are similar, different bloggers tend to have a high degree of homogenization in the rapid interpretation of the same film. After all, there are only two recognized famous scenes in a film, and there are not many flowers to be picked out.

As for why these things that do not contain gold at a glance can be popular. It takes only two or three minutes to watch most of the conflict reversals in a movie that may still be on the cinema, which is an excellent choice for many people to fill in debris time.

The problem arises: these commentators of movies and anime obviously do not have the copyright of related works, and some audiences will go to the cinema to spend money on the whole page after watching this kind of commentary. Don't copyright owners want to take care of it?

The answer is also simple: if you can manage, you must.

In Japan, a place that attaches great importance to copyright, many UP commentators of films have suffered.

At the end of 2021, three film commentators were found guilty by the court and sentenced to imprisonment ranging from one year, six months to two years, as well as a fine of 500000 to 2 million yen, becoming the world's first example of a film interpretation sentence.

In mid-22, Dongbao Pictures and other 13 companies jointly sued two of them, adding up to 500 million yen in claims, which startled both inside and outside the circle.

According to Dongbao, the origin of this figure is very simple: the defendants received 10.27 million video hits, and based on the loss of 10.27 million yen per visit, the actual loss could be as high as more than 2 billion yen. They are particularly kind to claim only 500 million.

As far as our country is concerned, the basis for judging infringement or not is naturally different from that abroad. According to China's copyright Law, there are basically two directions to determine the infringement of Erchuang short video.

The first point depends on whether the blogger has a for-profit purpose when he publishes this second-creation video-- there is no need to directly carry goods or charge to watch it, even if it is potentially considered to be for-profit purpose, similar to the income from the platform and so on. From this point of view, eight or nine of the ten domestic narration videos will suffer.

There are also some examples on this piece, such as in 2019, a company was fined for breaking up the content of the film into pictures and was found to constitute an infringement.

The second point is that even if there is no profit-making purpose, the content published by the second creator can not affect the normal use and release of the original work, nor can it harm the legitimate rights and interests of the author. As for what is meant by damage to legitimate rights and interests, we have to give a simple example.

When a movie is still showing in theaters, your famous commentator UP made a quick commentary video with the theme of complaining about bad movies, grabbed it and scolded it. As a result, everyone did not go to the cinema after watching it, and the tickets could not be sold. Ah, at this time, the copyright owner will definitely be able to trouble you.

In this case, the originator of the film commentary industry, someone who has been banned from UP for more than a decade as a "xx Movie in a few minutes" has a say-has been sued by Disney many times.

But on the whole, most of the domestic commentary class Erchuang is still quite comfortable in this gray area, whether complaining about bad films or making profits from platform subsidies are not so big that copyright owners want to be held accountable. Not to mention that most foreign copyright owners want to blame these large and small UP is not an easy task.

But in any case, it is believed that these cases of prosecution at home and abroad will also sound the alarm of these low-innovation bloggers. If you really want to be bigger and stronger, you have to rely on thoughtful and in-depth content-- a combination of your own thinking, foreshadowing of the film, and in-depth analysis of the turning point, but it is not so easy for copyright owners to find trouble.

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