Reporter investigation: script kill original script frequent plagiarism author rarely rights protection

2022-08-14 0 By

Script kill creator xiaobai since entering the line, has been troubled by copyright problems — works repeatedly plagiarized.Some time ago, he sent the full draft of his screenplay to the publisher, but only received an unsealed confidentiality agreement from the publisher, which he said he did not accept, and explicitly asked the publisher not to test the script.The other party agreed verbally, but turned around and registered the copyright of the work, and in a number of platforms pre-sale.Only after months of activism and litigation in the courts did the two sides negotiate a settlement.Xiao Bai’s case is not unique.Screenkilling has become one of the most important ways for young people to socialize and entertain themselves online and offline, but piracy, stolen copies and draft washing are frequently seen as copyright infringement problems in the screenkilling industry, adversely affecting players’ experience and the industry’s own development, according to a recent investigation and interview with Legal Daily.Various forms (comic: Gao Yue) infringement washing draft script to kill is a phenomenon common to role play, reasoning and experience of the game, on the cable and offline “play” in two ways, offline store usually set setting according to the script, players together in one room, through language, expression, speech and body movements show story;Online playkilling is a role-playing game that players play by voice in the same online “room” via an App or mini-program.According to the report on User Research and Case Analysis of Benchmark Enterprises in China’s screenkilling industry in 2021 released by IiMedia Consulting, the market size of China’s screenkilling industry is expected to increase to 23.89 billion yuan by the end of 2022.Script killing from creation to player experience, generally have to go through the creation, distribution and shop owner of three links.The author creates scripts, distributes scripts, collects and sells scripts, and stores obtain scripts through distributors, franchisees and direct purchase.Reporter investigation discovery, arrive from script creation sale, each link may appear copyright problem.Xiaobai told reporters that in addition to receiving plagiarism, submission was rejected, the publisher by changing the background of the story and other means to “wash” the phenomenon is also very common, because this situation is difficult to identify, coupled with the weak position of the creator in this link, often difficult to protect their rights.The reporter understands that, with the fervor of the industry and the influx of a large number of creators, the script to kill the release gradually occupy the initiative, when receiving only accept the full draft became the majority of the release of the clear requirements.In this case, the creator can only safeguard the rights and interests of the work by signing a confidentiality agreement.But in Xiaobai’s opinion, most of the time, the confidentiality agreement is just A gentleman’s agreement, some bad publishers often use A subject to sign A contract with the creator, and then in the name of B to clean the draft.Some big issuers even refuse to sign non-disclosure agreements.Once in Tianjin Hedong district opened two years of offline script shop iron brother told reporters, the script is generally divided into boxed this, city limit this, exclusive this, boxed this a few hundred yuan, city limit this a city only two or three stores can get authorized, the price is generally a thousand yuan, exclusive this price is more expensive.The use of pirated scripts will be resisted by players and peers, but some shopkeepers still buy and use pirated scripts to save costs.”Script kill boutique new package, thousands of neat typesetting can be directly printed” “HD version, HD map, full clue, package update”……Reporters with the “script kill” as the keyword in a number of e-commerce platform search found that there are a large number of electronic version of the script kill shop.Some shops claim official authorization and sell a copy for just a few yuan.Where do these low-priced scripts come from?Some of the industry told reporters that some script creators will encounter the early submission of the other side hit back, the idea was stolen by the other side of the problem;In the script testing process, there are also disguised as a group of test players to steal the script, several players experience different roles in different scenes, it is easy to “assemble” a complete version;In the process of playing script killing, there are also cases where players scan and copy scripts directly.Wang Zhengzhi, director of the Intellectual property Committee of the all China Lawyers Association and a partner of Gaowen Law Firm, said that in addition to text works, if the illustrations used in the script are original, they constitute works of fine art. If the seller prints and sells them without permission, they violate the right of reproduction and distribution.”There is also the issue of performance rights in the process of script killing.”Zheng-zhi wang said, many in the script to kill DM (the host), DM as a core, play games, according to a particular script plot, content, etc., leading the field personnel to role-play activities, and the players or the audience is constantly changing, this constitutes the DM to no particular public to show script text content and the plot way public performances,Any public performance of a work without the permission of the copyright owner shall constitute an infringement of the right of performance and shall bear corresponding legal liability.”It is worth noting that, according to the provisions of China’s current copyright law, the copyright law protects expression but not thought, and the universal rules and gameplay designed in games and competitions belong to the category of thought and are often not protected by copyright law.”Xiao Yuncheng, a lawyer at Beijing Yinghe Law Firm, said that in judicial practice, some courts have held that a particular presentation of the rules of a game can also constitute a work if it is original.Lack of awareness of rights protection and conniving at piracy although infringement occurs frequently in the industry, there are few successful cases of rights protection like Xiaobai.The reporter searches Chinese adjudication document net to find, relevant case is few.Why?Confirmation of copyright is the beginning of copyright protection, and the most common way of confirmation of copyright is copyright registration.However, in practice, many creators do not know that they can protect their rights through copyright registration or electronic storage, which makes it difficult to protect their rights when they are infringed.Jincheng TongDa lawyer at momo that script to kill piracy and infringement difficulty is small, low cost, strong concealment, under the network environment but also highlights the characteristics of the highly fragmented and difficult to rights, because the value of a single script is not high, copyright rights cycle long and profit is limited, in the face of infringement, most practitioners think rather than spend a lot of time and energy, to protect their rightsI might as well write a new play.Look in Xiao Yuncheng, at present script kills copyright to go up in legal protection existence predicament.”For example, if a script killing operator directly buys pirated copies for business use, it will only confiscate and destroy the infringing copies according to relevant laws and regulations. Therefore, it is difficult to investigate the liability of the merchant, so it cannot effectively curb the illegal behavior of the merchant.”There is a script kill industry staff to introduce to reporters, an obvious feature of the script entertainment industry, is particularly discrete upstream and downstream, and the scale is not large compared to other industries.Upstream is the script studio, a year more than ten belong to do very well, downstream is the store, there are dozens of chains in this industry has been considered very high chain degree.”Most of the businesses are small and medium-sized enterprises, which have not yet produced the leading enterprises in the industry. For the creation and use of scripts, they cannot effectively drive management and establish good order.”He Keren said that after the development of recent years, in the script killing industry, has formed a relatively complete industry chain, but whether it is script creators, platforms, stores or players, there are various infringement phenomenon.This is related to the scattered and chaotic operation mechanism of each link at present, the lack of relatively scientific and unified rule guidance, as well as sound and standardized contract text.”Unfortunately, the illegal way to get the script, some stores and consumers to save costs do not refuse, or even take the initiative to buying, cause a large authorship enthusiasm, sellers and operating stores is difficult to rely on high-quality script to obtain competitive advantage, and low-quality script into the market also makes the player’s experience, and has affected the public praise,It has had a detrimental effect on the whole industry.”In he Keren’s opinion, a large number of plagiarism has destroyed the development order of the industry, has become the biggest obstacle to the sustainable and benign development of this emerging industry.”Generally speaking, the entertainment industry has not formed an atmosphere of respecting intellectual property rights, and creators lack awareness and knowledge of protecting rights, as well as self-discipline and disciplinary mechanisms. Such ‘indulgence’ also leads to the proliferation of piracy.”Wang Zhengzhi said.On April 1, five government departments, including the Ministry of Culture and Tourism, issued a notice on regulating script entertainment activities (draft) in order to regulate “script killing” and “escape from secret rooms”.It is proposed that within 30 natural days from the date of operation, a script entertainment business entity shall report the address of the business site and the name, author, brief introduction and age range of the script used in the business site to the county-level cultural and tourism administrative department of the place where the business site is located for the record through the national cultural market technical supervision and service platform.In 2022 during the two sessions, the country has recommended the state press and publication administration in press issue, on the basis of the number of original to press new script “kill” issued by the plate number, will be offline in a box “kill” script belong to press publication management scope, will be distributed online script “kill” App and its platform respectively belong to the scope of network game and the management of the network literature.Chinese cultural entertainment industry association secretary general kongming said, entertainment product line using the basic script in the stores, as entertainment items, and the continuous improvement of product quality, as the script does not rule out some products in addition to the script entertainment items using value, can also become excellent literary works, and even adapted for film and television works.If the development to this direction, in line with the statutory characteristics of publications, of course, should be in accordance with the requirements of publications to perform legal publishing procedures.Kong Ming believes that currently the development of scripted entertainment is in the initial stage, and most scripted entertainment products are probably difficult to meet the requirements of publications, or these creators have no idea of making products into publications at all.Therefore, the first thing is to do content control in accordance with national laws, regulations and standards to ensure copyright compliance.On this basis, it is necessary to avoid unnecessary disputes due to the lack of understanding of policies and regulations, which will make such entertainment props from the form of production and packaging similar to publications.In order to ensure a better and healthier development of the scripted entertainment industry, practitioners have also taken various measures to protect copyright.Far the largest script to kill the domestic trading platform – “black out” of the staff said to the reporter, “black out” and “knight” safeguarding rights cooperation and help in the beginning in platform more than 50 script and the creator of free for copyright registration, and for the script to move into the studio continuous publicity the importance of copyright registration, at the same time provide copyright subsidies support.Last year, the “legitimate League” logo for the “Little Black Detective” script went online.In Xiaobai’s opinion, the first time to register the copyright of works is currently the main means to prevent works from being plagiarized, but it still cannot solve the problem of manuscript washing.He suggests keeping a copy of the writing document, preserving the process and registering the copyright in a timely manner, as well as paying attention to the subject of the confidentiality agreement.Xiao yuncheng said that in order to standardize the development of the entertainment industry, it is necessary to strengthen the work of confirming the rights of original scripts.After the completion of script creation, the creator should determine the ownership through copyright registration and notarization in a timely manner, and there are convenient electronic forensics methods such as time stamp and block chain, so that they can timely and legally protect their rights in case of infringement.At the same time, called on the relevant departments to carry out a timely crackdown on piracy and infringement of this industry special governance.He suggested that the government guide industry organizations to build a copyright protection system at the front end of the industry by formulating self-regulatory rules, standardizing and guiding copyright transactions, and strengthening copyright protection training and publicity.At the same time, strengthen the construction of industry organizations, provide professional rights protection guidance services for practitioners, and unite professional legal institutions to provide legal support, so as to effectively solve the problem of high cost and poor effect of a single case.For serious infringement acts, trade associations may establish industry credit punishment mechanisms to assist copyright administration departments in promoting administrative law enforcement.In the opinion of many interviewees, in order to form a joint force to promote the sustainable and healthy development of the entire industry, the majority of screenkilling players should also consciously resist piracy.”The management of copyright issues in the script entertainment industry requires employees to strictly abide by relevant national laws and regulations, and have the courage to shoulder social responsibilities to protect the legitimate rights and interests of users.In order to effectively combat piracy and continuously create value with legitimate content resources, creators, publishers, operators, capitalists and other stakeholders need to participate together, with the help of high-tech, comprehensive use of judicial protection, administrative protection, criminal protection and other means to achieve.”Wang Zhengzhi said.Author | Rule of law Daily trainee reporter Zhang Shoukun all media reporter Zhao Li source | Rule of law Daily editor | Wang Fang, Li Jinfeng, Ding Zhaoru