Juvenile you melt stem or copy? Young man's original book falls into the 'melting stem door'
Recently, the campus youth film "young you" has been on fire. It has been released for four days yesterday, with a box office of 600 million and Douban scoring of 8.4. It has made remarkable achievements at the film level. But in recent days, there have been two related disputes outside the film, even heated debates: first, the original film adaptation of you, so beautiful, is suspected of 'melting stem' the works of many people such as Keio Tono. Is this plagiarism? Two, although the two starring Dongyu Zhou and Yiyang Qianxi are stunning in the acting, but the star is willing to take the photo of "Rong Shi", is there any joint liability, should it be punished? For a time, these two hot topics were brushing the screen on social networks.
First level argument
'melting stem 'and' Plagiarism '
I heard the concept of "melting stem" for the first time
When the reporter consulted several lawyers on this topic yesterday, they all said that they heard the word "Rongjie" for the first time. It is not a legal concept. There is no such definition in copyright law. It is a concept created by the people's livelihood of the Internet.
The film "you of the youth" is adapted from jiuyuexi's online novel "you of the youth, so beautiful". Jiuyuexi is the contracted author of Jinjiang literature network. She has integrated the important plot and character setting of other classic works in many previous works. Therefore, she is called "melting stem Queen" by netizens. Netizens believe that the novel "young you, so beautiful" melts the stem, including Keio Dongye's "white night trip" and "the dedication of suspect X".
The reporter saw that in Baidu Encyclopedia, 'stem' is a network term. Generally speaking, stem is used for popular things, such as variety shows, animation, TV dramas, etc The word meaning of the word "stem" has been continuously expanded and extended. It can be called "stem" as large as a certain period of time, as small as plot episodes, and even fragments in the story, such as "height stem", "classic stem", "romantic stem", "creative stem", "humorous stem", etc. The 'melting stem' usually refers to the same main plot or detailed setting in multiple places. In short, it is to combine your own ideas with other people's ideas, not pure plagiarism.
Netizens make color palette for detail comparison
Some netizens believe that the relationship between the male and female protagonists in the film young you is most like the white night walk and the dedication of suspect X. they even specially made a palette (i.e. a table comparing the two works) to compare the specific 'melting stem' of the novel young you, so beautiful and the dedication of suspect X. In addition, in the movie "teenage you", Dongyu Zhou was forced to kiss and bridge the bridge which resembles the bridge in the confession of the famous Japanese novelist. The line in the film "young you" is "one day we will walk on the street openly", which also reminds people of the line "I just want to walk in the sun hand in hand with you" in the drama version of "white night walk".
This kind of 'edge ball' behavior caused boycott and protest in the book powder circle, especially the fans of Keio Tono were very angry. Some book fans believe that tokano's early creative life was very hard and poor, and he didn't become famous until he was in his forties. By integrating the plots in Keio Dongye's works, jiuyuexi easily gained fame and wealth, with high adaptation fees and copyright fees. Many people even asked: '& lsquo; You protect the world, I protect you & rsquo;, Who protects originality? "
Of course, some netizens do not recognize that the film "young you" is suspected of plagiarism, and even think it is' touch porcelain '. But more netizens said that this also proved the wisdom of "Rongjie". Instead of pasting and copying the text directly, they copied the plot, story trend and character image. The copied person still has no way to take him. Only those who have read the original work will find their similarities.
Juvenile you melt stem or copy? Young man's original book falls into the 'melting stem door'
Lawyer's statement
It is difficult to define whether 'melting stem' belongs to plagiarism
Then return to a core question - is' melting stem 'Plagiarism? Lawyers believe that the identification of plagiarism is a very professional thing, which can not be judged by netizens. At present, it is not clearly defined at the legal level. It is precisely because it can not be defined as plagiarism that netizens have given birth to an online word 'melting stem'. This behavior was criticized as' clever plagiarism ', or even a' fig leaf 'of legal plagiarism.
A lawyer Luo in Nanjing told reporters that in fact, it is still difficult to define whether Rongjie belongs to plagiarism or not. Copyright law protects expression, not ideas. You can't write case solving novels without allowing others to write case solving novels. However, if a novel created later is highly similar in terms of the main characters, growth environment and story plot, and only makes some replacement in the choice of words and sentences, it may constitute plagiarism. In this regard, Qiongyao v. Yuzheng copyright infringement case is a typical case. However, considering the commonness of social life, similarity is inevitable, but how much of this similarity belongs to the public domain and how much is copied from the original parts of others requires professional judgment, which can not be determined by intuition alone.
In addition, there is the problem of limited expression. Some contents, which are the same or substantially similar to the expression of the obligee's works due to the extremely limited mode of expression, can not be said to be infringement. The necessary scene is also a consideration for judging the infringement. If the expression of the suspected infringing work is the same or substantially similar to that of the obligee's work, it is caused by the fact that the expression of a certain subject must describe a certain scene or use the design of a certain scene, and it does not constitute infringement. These need professional judgment, rather than creating a concept of "integration". Of course, in addition to the law, we should also combine common sense in order to judge the infringement of works more comprehensively.
The professional opinion of an intellectual property lawyer on this is as follows: novel A is suspected of plagiarizing novel B, adapted script C on the basis of novel A, and finally made a D film. It may be difficult to directly compare the relationship between D and B. In this event, the film "you of the youth" is D, and B is the novel "you of the youth, so beautiful." Under the current copyright law, the discussion will be & lsquo; Whether D infringes upon the obligee of B & rsquo;, Since D is a film work and B is a written work, it is not a simple act of reproduction. If there is consistency in expression, it may constitute an infringement on the adaptation right of author B. "
Second level argument
Are actors jointly and severally liable
Crusaders:
Performing Rongjie's works is a blow to originality
When the word-of-mouth and actor's acting skills of "young you" broke out, the author of the original work fell into the "melting stem door", so some netizens turned to denounce the two leading stars, that is, the actors should be jointly and severally liable for acting in controversial works. They believe that in this division of interests, no one is innocent, and actors earn both fame and wealth by their works. If the works melt the stem as the premise, it is natural for actors to be denounced.
Some netizens also pointed out that the film has amazing performance of Yiyang Qianxi, which has publicly seen Keigo Higashino's "white night walk" and recommended. Well, it's unacceptable for people to choose to play this work when they know that the young you is very similar to the white night walk. Moreover, jiuyuexi's novel has been "melted" by the real hammer since its publication. It is too unlikely that the production team does not know. Buying the copyright of the work, that is, recognizing the melted stem, has contributed to the atmosphere of plagiarism or melted stem in disguise, which is a fatal blow to the original spirit.
Juvenile you melt stem or copy? Young man's original book falls into the 'melting stem door'
Supporters:
Even if the original work is sludge, the actor still opens the most white and fragrant flowers
However, the attitude of netizens on the other side is that the film is a film and the original work is the original work. Moreover, many novels suspected of plagiarism have been adapted, but the efforts of actors and production teams are real.
This topic was very hot yesterday because I was thinking about Yiyang Qianxi and Dongyu Zhou. She said that the fight against plagiarism has never been overcorrected, but actors should not be attacked for performing a work suspected of plagiarism. Even if the original work is sludge, actors still produce the most white and fragrant flowers, and everyone is a victim.
@Bandit I think Cun has been fighting against plagiarism over the years. She has successively denounced the plagiarism of her own works in film and television dramas such as "if life is just like the first sight", "biography of Zhen Huan", "biography of Ruyi" and "Feng QiuHuang". She said that even if the biography of Zhen Huan and the biography of Ruyi copied her works, she did not deny that Zhou Xun and Sun Li were two excellent actors. Last March, @ bandit I Sicun also published a long blog article "original will never die", which caused an uproar on the Internet. In her article, she laments the difficulty of safeguarding rights, but also shows her determination to fight -- 'no matter how trampled, insulted, bullied, trampled over and over again, the original will never die.'
The reporter saw that @ Sina entertainment voted yesterday afternoon. 34000 netizens chose 'should not carry the pot, actors only need to interpret their roles', 15000 people thought' it's basic to understand the work in advance ', and 16000 netizens chose' it depends on whether the actors know '.
Say one more word
The investigation of infringement risk should be strengthened in the early stage of film and television production
The reason why this debate is so fierce is that the film juvenile you is of great significance to take care of reality. It boldly and frankly pays attention to the sensitive social topic of 'Campus bullying', and may even be of positive significance to the national law on the protection of minors to be revised. At the same time, the director and actors of the film also performed very well. The completion degree at the film level is very high. It is the "first Chinese film of the year" in the eyes of many people.
However, whether rongjiemen and actors are jointly and severally liable is still inconclusive, and there is no progress at other levels, which is limited to online hot discussion and lawyer analysis. In an interview with the media these days, Zeng Guoxiang, the director of youth you, briefly responded to the controversy, saying that he had only read the original work of youth you once and put it aside. In addition, he had not seen Keio Dongye's white night trip.
In the film and television industry, plagiarism, melting stem and infringing copyright are commonplace. Qiongyao v. Yu Zheng, biography of Zhen Huan, Huang Bo's a good play, Liu Ruoying's later us, Charlotte's troubles and other popular film and television works, which attracted the attention of the whole society at that time, have successively fallen into the storm of plagiarism and infringement. In the view of most people, there is nothing wrong with the direction of protecting and advocating originality for the entertainment industry. At present, the network society needs such a benign soil to escort the original works.
Because of these two inseparable disputes, many viewers who love the film have some regrets. However, the reporter also believes that this storm also gives a warning to the film and television production industry. We should strengthen the investigation of infringement risk and background in the early stage of the project, so that powerful works can go further. So "you of the youth" is not the first, nor will it be the last. There will be more and better original films in the future. You can conclude with a line from Zhou Dongyu in the young you: This was once a paradise, and this will eventually be a paradise.