Domestic anti-plagiarism

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This article comes from “Entertainment Capital Theory”, author / moving star month.

“Puzzle” is a recent highlight in the game industry, but the field of fiction and comics is not calm. .

However, readers and friends may be fortunate that compared to the stagnation of online novels, comics are plagiarized, tribute, stalking, and more “learning”, which may be saved. .

On April 6th, some netizens hanged a case of comic plagiarism on Weibo. The plagiarized works were created by the co-authors of the well-established and well-organized 动漫& The serialized work “Jinyigui”, plagiarism is an animation of the orange tree in Tiantang animation, the author of the tenth creation of the “master of the fascinating sorcerer on the”. .

After the net report and internal forensics, on April 9th, the original party turned over the animation and issued a statement of responsibility. The two companies communicated and negotiated. On April 11, the orange tree animation released an open letter to the plagiarism author and the entire industry publicly apologize. .

This is certainly not the first plagiarism in the country. Although the plagiarism is not much more than the adaptation of a certain comic book to the industry, in fact, the entertainment capital theory (ID: yulezibenlun) interviewed a number of industry companies and a number of practitioners, Plagiarism is already a serious problem that hurts the interests of the industry. .

The analysis of the ins and outs of this type of event is undoubtedly valuable. The first question to answer is the difficulty of exposing comic plagiarism. At this stage, we must do industry self-discipline and plagiarism, and what are the feasible methods. .

Plagiarism defines the dilemma.

From a collection of thousands of comics, I found a plagiarism that is like finding two similar leaves from the woods. .

The example of plagiarism tells us that if you let the plagiarism work grow, it will have the consequences of a big tail. The writer Wang Hailin has repeatedly spit on it. .

But the earlier, the lower the probability of plagiarism, and the higher the cost of plagiarism. .

Responsible for the “King of the Koi” works, the editor of Yi Meng said that this is the first time they encountered a copy of the work. If there are no netizens reporting, they will also find it difficult to find out. .

Similar to novel plagiarism, there is no clear legal definition of comic plagiarism, but there is a well-recognized classification method in the circle: painting, divided into plagiarism, plagiarism, composition plagiarism, elemental plagiarism, color plagiarism, Trace. .

Of course, comics will also appear in the plot plagiarism, and even cross-category plagiarism, such as novel plagiarism comics. .

After the plagiarism comics were hanged, Ling Yumo, the author of “My Master’s Brain Has a Pit”, said that the novels of plagiarism masters were also comicized. As a result, readers who have seen plagiarism have said that Original plagiarism.

In the plagiarism of the screen, the drawing is the easiest to identify. .

In this comic plagiarism incident, from the comparative evidence hanging out, the two comics are very similar, and the netizen who hangs the evidence of plagiarism is also a comic book author. .

“I can find this work plagiarized because I am a big fan of the original “Koi Gui”.”

She said that there are still many pictures in this work, but because there is only one original that I am familiar with, I can’t confirm it. I only made a comparison chart of “Jingui Gui”. .

Even so, in order to collect the similar shots from the two works, it took the netizen not too little effort. .

“Some shots are direct traces, and some are subject to change.”

From the current point of view, there is no group, the organization can undertake the function of specifically reviewing whether a cartoon is plagiarized. .

“A lot of plagiarism is to be seen by experts. This not only requires the discoverer to understand painting, but also requires him to have a high reading and memory ability. He can think of where this picture is copied.” Said. .

More often, you can find plagiarism works, not professionals, fans of the original, “and the kind that has been seen several times.”

Folk anti-plagiarism.

The difficulty of this discovery, concealment, makes anti-plagiarism more of a spontaneous civil behavior, and formed some special “hanging plagiarism, plagiarism base, such as the well-known Baidu Post Bar” pure white month. ”

But lack of sufficient professionalism also makes anti-plagiarism often become a melee, in the case that the platform or the company has not made a sound. Once the original plagiarism and plagiarism are popular, it is good. With a certain amount of fans, the two sides will soon have a war of words.

This situation is especially common when it comes to copying foreign works. Such plagiarized overseas works usually have their own loyalty. Fans, but lack of people at the company level. The comic book “Classmate Relationship” created by Ziwu has been pointed out as the work of the Japanese author Nakamura Akiko’s “Similar Student”. After the netizen hangs the plagiarism comparison post, it also has the work. Fans believe that the contrast of the picture does not prove plagiarism.

The final author clarifies that there may be unintentional reference and that the revision will be made, but the original fans believe that this degree of apology is too vague, plagiarists The price paid is too small.

But more often, comics copying overseas works, it is not bad to get an apology in China.

For example, some time ago, the comic book “Lingwu Emperor” was suspected of plagiarizing “Wenhao Wild Dog”. When the netizen hanged the plagiarism comparison post, the comics platform of the comics was added – Bo Yi created an animation, indicating that the plagiarism part would be redrawed and deleted, but At the same time, the platform also said that “Lingwu Emperor” is a paid work, and the comics screenshots are suspected of infringement. They will join 10 comic platforms to go through legal proceedings and sue the netizens.

In this comic plagiarism incident, plagiarism works and apologizes. This result is quite ideal for comic companies. Although in the eyes of netizens who plagiarize, such results are still slightly disappointing.

“I am also the author of the comics. I have painted myself to work, and others will finish it, and only need to apologize later. “

But for the company, it is also necessary to consider the cost of safeguarding rights. “If the plagiarism is very serious and the original party has caused damage to the economic reputation, it will still consider resorting to the law.” “

Because judges have no discretionary standards for infringement, judges have great discretion, and legal proceedings are often costly and time-consuming, so they may not receive timely relief. Under the current industry, plagiarism works are more often negotiated internally. The legal channel is not the best solution for copying rights.

Plagiarism also has copyright.

So, is it a pressing issue to solve comic plagiarism? .

The deputy general manager of Yu Sheng Animation, who is responsible for the rights protection, and the core promoter of the copyright protection professional committee of the Fujian Animation and Game Association, told Jun Capital (yuezibenbenlun) that the current social supervision focus is on the content level, but on intellectual property rights. The supervision of the company is also receiving increasing attention. .

The work is entitled to all of its works from the date of completion, and the copyright registration is for the purpose of retaining evidence. In addition to copyright, intellectual property protection also involves trademarks and patents. The latter two rights are also highly valued by law and society at this stage. .

A company responsible for copyright registration told Entertainment Capital (ID: yulezibenlun) that copyright registration was well passed compared to the other two intellectual property rights of trademarks and patents. .

From the actual operation process, copyright is the registration system, and the registrant must follow the principle of good faith to register, because the copyright bureau will not conduct substantive examination of the content. .

Domestic registration agencies do not take the initiative to check the source of the content, as long as the original statement of the content and the application materials themselves are no problem. .

Is that plagiarism works are likely to have been copyrighted, even with a higher legal awareness than the original author, registration time, publication time, and release time earlier than the original work. .

Implementing the legal proceedings, the comparison of the works, the creative ideas have a strong subjectivity, and it is difficult to obtain evidence. .

On the other hand, copyright has little influence on society. Therefore, the law is “compensatory for the amount of copyright judgment, and trademarks and patents are punitive.” At present, the domestic trademark and patent compensation cases are basically hundreds of thousands of starts, and copyright compensation is still less common. High compensation cases. .

At the same time, if it is a national work that plagiarizes a foreign work, the common situation may be that there is no plaintiff. Because foreign works are likely to have not registered copyright in the country, unless the foreign work has an agency in the country. .

This further reduces the cost of plagiarism, and further worsens the group image of domestic content entrepreneurs, and many moderate or sharp ridicules are born. .

Technology or self-discipline? .

Of course, for the industry, this does not mean that plagiarism should be understated. .

From the comic author to the comic CP to the comic platform, there is a damaged and chasing transfer chain about plagiarism. .

In the opinion of Jun, there is very little plagiarism that rises to the level of corporate behavior. The more common situation is the individual behavior of very few creators. .

“No one at the company level is willing to do this. Usually in the employment contract, the comic company will clearly ban plagiarism. Once it appears, the comic company can theoretically sue the plagiarism author.”

On the other hand, once the platform finds plagiarism, the first object of the blame is the comic CP. “This damage to the company’s image is very large.”

If the plagiarism works itself is not hot, then the impact of the plagiarism on the platform is limited. .

But if the head works are suspected of plagiarism, whether the platform will be removed, whether the comic CP will be prosecuted, and whether the infringed company will go through legal procedures, these problems will have a relatively far-reaching impact. .

“In other words, the comic CP and the platform side are often victims of plagiarism.”

Under the dilemma of plagiarism, the current industry plagiarizes the work, and we see more that it is finally resolved through negotiation. .

“The status quo of platform plagiarism works has not been heard in China at present. The awareness of anti-plagiarism in domestic comics circles is actually higher than the novel circle. This is a gratifying situation; but in Japan, this is actually happening. In this case, even if the popular works are suspected of plagiarism, the platform cannot allow the work to be removed.” Yi Meng said. .

In Yi Meng’s view, companies or platforms actually have some preventive measures and have the obligation to supervise plagiarism. “Company or platform will encounter more or less plagiarism works. As an editor, experience can be detected and judged to a certain extent. When the author is unstable, be vigilant. Is there some part of plagiarism? Behavior.”

Another possibility to solve plagiarism is to develop image recognition technology. Jun said that the relevant rights monitoring platform can find the same pictures across the network. This technology is mainly used to solve image theft. With AI, in theory, the coincidence of two images can be identified in the future. .

But the problem still exists. Who is likely to pay for the cost of this technology? .

“At present, from the development cycle of the whole industry, it has not yet reached the technical stage of rushing to introduce high-cost AI to prevent plagiarism. Because of the self-discipline of practitioners, the plagiarism of the comic industry is still a very small number of individual phenomena.” .

Whether it is a technical means to require the platform, or to increase the number of auditors, it is not realistic, but this does not mean no solution. .

“I feel that the feasibility of this matter is still high, that is, at what level. It is more to think and solve from the height of an industry environment.”

In the view of Qi Jun, the plagiarism of comics is still much more optimistic than the novel. On the one hand, the number of team members in comic writing is more than that of novels. There are gaps in the level of practitioners, and most of them are companies. By uniting major comic companies, you can form an organization that is binding on all practitioners. .

On the other hand, as an export of all works, the platform can form a plagiarized whitelist and blacklist, which will have a deterrent effect on practitioners through industry mutual notification. .

In Yi Meng’s view, a systematic solution requires industry self-discipline and platform supervision and legal constraints. .

“From the ideal level, first, everyone has the awareness of maintaining originality and humiliation as plagiarism; second, the company and the platform must assume the responsibility of supervision, zero tolerance for plagiarism works; third, the ability to specify plagiarism A standard that everyone can agree on and improve at the legal level, so that the cost of rights protection of the original party is reduced, and the cost of plagiarism of the plagiarism party is increased.”

After all, only when the author, the reader, and the company are ashamed of this, can plagiarism be truly eradicated. However, if the cost of such plagiarism is extremely low, and the social situation with extremely high cost of rights protection, as long as there is still a possibility of profit, it cannot prevent the plagiarist from taking risks. .

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