The Film and Television Copyright Expert Appraisal Committee was established half a year ago, with 26 experts helping the healthy development of the industry

Autumn 2017 Beijing TV Show Fair

the three-day Beijing Autumn TV Show Fair (referred to as" Autumn Fair ") is being held in Beijing Convention Center. This year's "Autumn Fair", in addition to conducting TV drama business negotiations as in previous years, also ushered in a time point: the Beijing Film and Television copyright expert Appraisal Committee, composed of 14 legal experts and 12 literary and art experts, has been established for half a year.

the opening forum of this fair focuses on the emergence and settlement of film and television copyright disputes among people from the legal circle, the industry, and the television industry. With regard to the role played by the Beijing Film and Television copyright expert Appraisal Committee, its executive vice president and famous screenwriter Liu Heping is full of confidence: "the appraisal committee has begun to take cases, but it will not take many cases blindly. The cases we take will have exemplary significance in the future and have guiding significance for future judicial practice."

in the current time when film and television IP prevails, the ownership of copyright means fame and wealth, so related disputes have shown a blowout growth in recent years. The hit drama "Jinxiu Weiyang" at the end of last year was suspected of plagiarizing more than 200 novels; with the popularity of "three generations and Ten Mile Peach Blossom" in March this year, the original novel was accused of plagiarizing "Peach Blossom debt". The Hunan Satellite TV hit drama "Chu Qiao Zhuan" was also accused of plagiarizing "Kyushu ethereal record" and "Lady Dendrobium". In August this year, the online writer "Bandit I think" accused the popular online novels "Zhen Huan Zhuan" and "Ruyi's Royal Love in the Palace" of plagiarizing their own works. There has been a war of words in film and television copyright disputes all the time, but there are only a handful of people who really resort to law, and the final rights and wrongs often come to nothing.

throughout the copyright cases tried by local courts in recent years, film and television copyright cases rank first all the year round. Su Zelin, deputy director of the legal work Committee of the National people's Congress, said that not only the number of such cases is large and accounts for a high proportion, but also new situations and problems emerge in endlessly. "in particular, the identification of plagiarism of plays and plagiarism between plays, as well as the identification of issues such as originality, uniqueness, and expression, not only increases the difficulty of hearing cases to a great extent, but also adds a huge workload to judges." Liu Heping says with a smile that the work done by the committee is to pursue the real truth behind the facts when the law is too busy. "because creation is regular, and people who are really engaged in creation know whether it is the result of their own labor or plagiarism, we compare it with each other." it's close. "

in fact, plagiarism identification is very technical and must be carried out by professionals. Wang Hailin, a famous screenwriter as an expert on the appraisal committee, explained that if the text is copied, the law clearly stipulates that how many words are plagiarized, it is relatively easy to judge, "but in film and television copyright disputes, cases of illegal adaptation abound. It needs to be judged by experts, such as Qiong Yao's case of plagiarism. The two plays, lines and characters are different, so it is necessary to judge the existence of plagiarism from the function of drama. The judge can't judge. "

Liu Heping's confidence in cracking down on plagiarism comes from the relatively sufficient human resources of the current appraisal committee, which, in his words, "the shelves have been set up." In addition to the expert pool composed of 26 experts, the appraisal committee has also set up four permanent offices, namely, the legal Office, the Identification Office, the difficult case Research Room and the Review Room. He said that after the appraisal committee took over the case, the professional screenwriters would do the first comparison and appraisal. After the preliminary opinions came out, they immediately selected the corresponding experts, such as the director of the Department of Chinese Opera and Beijing Film and Literature, the doctoral supervisor of the film and television major, copyright scholars and senior intellectual property judges, to conduct a second comparative review to see whether the first round of comparison is objective. "once a consensus is reached, it will be submitted to the court." As the main basis for the trial. "

with regard to the appraisal results of the Beijing Film and Television copyright expert Appraisal Committee, Liu Heping stressed that "it must be professional and objective" because "it involves industry rules and healthy development." Because the appraisal process is time-consuming and laborious, the appraisal committee, as a non-profit organization, makes reference to the standards accepted by the China copyright Center in terms of appraisal fees. Support from government departments has provided strong support for the daily operation of the committee. Liu Heping said that the Beijing Municipal Bureau of Press, publication, Radio, Film and Television provided funds for the daily work of the committee and arranged office space.

however, the current dilemma is that the cost of safeguarding rights is too high and the cost of infringement is too low. Most of the works suspected of plagiarism are not afraid of judgment. In the face of hundreds of millions of yuan in film and television copyright fees, hundreds of thousands of yuan or even millions of yuan in compensation is only a drop in the bucket. In 2014, Qiong Yao sued Yu for plagiarism, and Qiong Yao won the case and received a compensation of 5 million yuan. Qiong Yao once sighed after winning the case: "although she won, it took two years." During this period of time, the plagiarism works of the infringers have not only been broadcast, but also the online version and the overseas version have been broadcast one after another, and the illegal proceeds have long been in the bag. Wang Hailin, an expert assistant to the case, said bluntly: "Yu Zheng called 5 million yuan in less than a week, but so far he has not apologized." If he doesn't apologize, his fans will think that he just lost the case, and the young screenwriter will learn from him, and that's the seriousness of the problem. "

Edit: mary