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

This article comes from the official account of Wechat: ID:paperji, author: Erqi

There is no lack of live games born out of stem culture and abstract culture on the Internet.

For example, the Northeast Summer, which developed from Dongbai past, the Arrow Sword, which draws inspiration from false advertisements, and the feeling that is not as good as O God, which has not yet been put online.

Their common characteristics are rubbing, hot, free, the starting point is basically for fun, few want to take advantage of the opportunity to make money, the most is to earn a video traffic.

Less can be returned to less, and it is not impossible to do so.

Sleeping God Fei, a studio in Chengdu, is proficient in this way, mastering the knack of turning various online hotspots into small-cost games, and even making a lot of money from it.

It's just that the heat is also risky. If you rub against it, sleep will get into trouble, and it will still--

Liu Huaqiang, a famous social person in Hengzhou.

Yes, Liu Huaqiang's actor Sun Honglei, a complaint, took Sleepy Fei Studio to court. And this lawsuit, which is the first dispute over the sound rights of film and TV drama lines in the country, is likely to have a significant impact on the entire game (and even entertainment) industry.

Sleeping God Fei used to be a studio that made a name for itself with difficult decryption.

According to the producer, his early production of "bdpq" was rated as "one of the 28 brain-burning games in the world" by a game feature in Apple Mall.

After that, the production of "Tai Chi Maze" also has a good evaluation on taptap, and it won the first download list on the same day, with 100, 000 downloads in four days.

Perhaps it is because the income of the declassified category is too low, or because there is a new pursuit.

After decrypting the game, they began to catch up with Internet hotspots and launched a lightweight ultra-casual game, including:

"my broadsword is 40 meters."

"it's too late. Get in the car."

"sneak attack on veteran comrades of Wulin"

"Watermelon stall owners fight melon buyers."

.

From these names, we can see that they are all works that stick the heat on the forehead.

The producer is not shy about this either, saying in the announcement that "We like to play stalks, and it is our idea that everything can be played."

In fact, this financial stem to play games, as long as living well, the big guy is actually not stingy praise, such as "Northeast Summer" this kind.

But the quality of playing stem games under Sleepy God Fei, how to say, is a good super leisure Mini Game, basically putting a hot spot on a well-known way of playing, making some deformation and modification, and then implanting a rough and funny model, and finally packaging it online.

For example, based on the chicken-eating mode, get a small-scale flat map, and then replace the players with small cars and weapons to become passengers, which becomes "it's too late to get in the car."

Other games also basically continue this development idea. The main hit is hot, gimmick, magic enough to facilitate the spread of increment, and then advertising cash.

But this stumbling also depends on the situation, rub the majority of netizens' wisdom crystallization of the heat, no one will come up to look for trouble, but some stalks involve specific people, there are legal risks, such as "Ge You lying" in Ge You.

It was still in 2016. "Ge You lying" emojis have become popular online and have been used by various corporate articles. Ge You then sued the relevant enterprises and companies to the court on the grounds of infringing on the right of portrait. As of March this year, there were nearly 600 related cases. GE Youfang's success rate was as high as 99.6%, with a cumulative compensation of 7.59 million.

These cases are not controversial because profit promotion without permission is a violation of portrait rights.

The Sleepy God Fei Studio did not commit a crime against the wind, but took a trick, using only sound.

In their production of "watermelon stall owners vs. melon buyers", in order to cater to the popularity of "Huaqiang Buy melons", the famous film and television plot was transplanted into the game in cartoon style, and the original soundtrack of the film and TV series was adopted.

Perhaps they think that this can avoid the infringement of portrait rights, but unfortunately, the Civil Code actually has provisions on sound.

-- "the protection of the voice of a natural person shall refer to the relevant provisions on the protection of the right to portrait."

So Sleeping God Fei's move is equivalent to giving Huaqiang, er, no, Sun Honglei handed over a watermelon knife called the law, so the other party came up to collect "protection fees" and demanded compensation of nearly 500000 yuan.

In fact, this is not the first time that Sleepy has crossed the line.

As early as in another game, "sneak attack on veteran comrades in Wulin," Ma Baoguo's voice was also used by the company to make commercial games.

It is also because of this game that Sleeping Shenfei Studio has received the strongest scolding since its inception. Many players despise this kind of bottomless heat-rubbing behavior.

And the producer's response was:

"Mr. Ma himself had no objection to this matter, so we decided to give it a try."

"in my eyes, it is no different from dozens of other games I play. I like to play games. You can criticize it as much as you want, or I can bear the blame forever, but I won't stop trying to put all kinds of things into the game."

It can be said that he is true to his word, that is why there is a "big fight to buy melons", and then was hit head-on.

At this point, justice should have been served, and the rights and interests of stars were protected as the end.

But awkwardly, Sun Honglei's lawsuit was considered controversial after the trial, and the court decided to pass sentence another day.

What's so controversial about that?

There are three main problems in the court's statement.

First, the defense does not think that Sun Honglei has the right to claim rights and interests, because as a film and television actor, he should only have the right of a performer. In other words, it should not be your Sun Honglei who is looking for trouble, but the copyright holder of the TV series.

Second, the defense believes that the video soundtrack corresponds not to Sun Honglei himself, but to "Liu Huaqiang", so it does not constitute a violation of Sun's rights and interests.

Third, the court needs to judge how to bear legal liability if the defendant constitutes an infringement.

The original text is a typical narrative that seems relatively complicated in the eyes of non-professionals because it involves legal terms. Ji made some appropriate simplification and found some answers for reference after verification.

First of all, there is the issue of copyright. Although the state has no clear regulations in this respect, according to past precedents, Sun Honglei's proposition is fine. After all, in the "Ge You lying" incident, emojis are cut from movies and TV dramas.

Second, although the voice points to Liu Huaqiang, the image of Liu Huaqiang is too deeply rooted in the hearts of the people and is highly bound to Sun Honglei, so it is doubtful that the defense wants to get a "Zhou Shuren" BUG.

The professionals in the court are not unaware of this. Another reason for their suspension of sentencing is actually that Sun Honglei also asked to safeguard his personality rights.

The defendant used his voice to present the image of a gangster, suspected of slandering personality elements and infringing upon his personality rights.

Compared with the clear division of responsibility on voice rights and interests, this part of the claim is actually somewhat untenable, and it also raises the amount of compensation, thus complicating the trial process of the case. In addition, this case is the country's first dispute over the sound rights of film and television lines, taking into account the follow-up impact, it is normal for the court to discuss and then pronounce judgment.

Therefore, although the case has not yet been decided, 100% of Sleepy God Fei Studio will be compensated for this, which is only a matter of more or less, and the probability will not be 50W as Sun Hongleifang demanded.

Outside of the case, although the authorities have not yet confirmed it, netizens have quarreled about it.

Some netizens think that Sun Honglei is purely looking for money, pointing directly at his intentions. After all, such Mini Game works did not bring much social harm, let alone infringe upon whose rights and interests. They believe that Sleeping Shenfei Studio is only using some popular online jokes to bring happiness to the broad masses of players, and Sun Honglei's accusation is too harsh.

However, there are also some people on Sun Honglei's side, thinking that even cultural games must abide by laws and regulations and cannot ignore the rights and interests of stars and public figures. Freedom of creation is not borderless, especially when creation touches on the rights and interests of others, it should be restrained and respected.

But on closer inspection, do all games, cartoons, and film and television works adapted according to real events need to be authorized by the parties concerned?

You know, since January 1, 2021, the part of the Civil Code on the infringement of portrait rights has been amended to remove the premise of profit. And the adjudication rules of the corresponding cases have also changed, no longer require profit, only without permission, unreasonable use of other people's portraits constitute portrait rights infringement, but commercial and non-commercial acts have different standards of punishment.

In fact, it's the same saying-the Internet is not an illegal place.

And the law will keep pace with the times.

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