Differential rice circle culture to the generation of random phenomena frequently produced experts: challenge the bottom line of the law

Author:Hebei Radio and Television Sta Time:2022.09.24

In the constant push, kicking, and scolding, the beatener had been full of blood, and the beaten man pulled the opponent to throw it from the city building ... Recently, a video of a conflict on a crew of a crew was being shot. Exposure has caused heated discussions on the Internet.

Subsequently, the crew issued an apology statement, acknowledging that "Deputy Director Assistant conflict with the shooting scene and hit people on the spot when maintaining the order of the shooting scene. The apology letter also pointed out that the cause of the incident was that "During the filming of the crew, the content of the script was repeatedly shot and the" ox "leaked script was repeatedly shot. Later, the shooting insisted on shooting, and the corners of the two sides had a physical conflict. "

Of course, it ’s wrong to hit people, but is it legal for shooting? In fact, the situation of the conflict between stars and crews and the generation of shooting people is common. Many stars and crews condemned the shooting in public speeches and called for resistance to the act of shooting.

So why do you exist in large quantities? Does the shooting infringe on the rights of celebrities and crews? How to rectify the chaos? With these issues, the reporter conducted an investigation and interview.

"Long -term receiving Hengdian Shooting, counting countless circles, rich cases" "Male artist's true horse series, 100 photos of 300 yuan, video of 200 yuan, 500 yuan 3 videos plus 100 photos" ...

This is a slogan that reporters of the Rule of Law Daily Recently on a blogger webpage. In more than 2,000 blog posts released by the blogger, most of them are introduced by the star. Reuters content. In its account comments, there are many fans' comments saying "want to collect pictures."

Taking on behalf, taking pictures instead of others is a product of the traffic economy in the entertainment era. The shooting staff squatted at the airports, hotels, shooting scenes and other places where the celebrities came out to video, and then sold the star photos and videos they were taken as "one -handed material" to fans at a certain price.

Experts interviewed by reporters believe that the agglomeration group has become increasingly stronger and the generation has become a business. It is the product of the deformity of the fans' economic deformed development. It is a morbid economic behavior. There are many legal risks for the trace shooting and subsequent trading behaviors that are pervasive. It may not only cause infringement on celebrities and crews. Its excessive behavior may also violate public security management punishment laws and even criminal laws.

The group shooting group is growing

Already become a business

The reporter followed the "Star -Chasing Around Surround Transfer" over the above blogger's blog post. After clicking into the link, I saw that a large number of photographers were sold at the airport pickup map, crew of the crew, and the event on -site map of the airport artists. And in the hotel map, etc., there are also implied information on the traveler's travel itinerary. Some fans have left a message saying "the itinerary/Reuters who want to collect/squat ××". After the reporter posted the same copy in the topic, 6 photographers were contacted in a message or private message within an hour. You can provide related photos, 80 to 100 groups, ranging from 300 yuan to 500 yuan.

There are many topics similar to the topic of "star -chasing the surrounding transit". In each topic, there are a large number of photographers existing. His claims to be "Airport Station", master the first -hand star flight information, and take the star airport to reach the map.

After contacting many photographers, the reporter found that different generations of photographers have different quotations on the atlas of the same star, and they basically do not accept bargaining. The price difference between different stars is more different. The activity atlas of more expensive men's traffic stars can even be sold to thousands of yuan. There is also the account claim that the relevant pictures and video materials of the stars can be bid to "buy off" stars, but the price is much higher.

For many years, Zhou Xiaoying (pseudonym), who has become a "big fan" (fans with the right to speak) in the fan group for many years, has been exposed to many photographers due to stars. According to her, the stars who can generally be called a name will have an official support association and many "station sisters". "Sister Sister" is mostly ordinary fans. The main role is to chase the stars with everyone and send a photo of the event. "Sister Sister" is actually the main customer group of the generation.

"Stars are always running in Tiannanhai and North Earth, and the 'Sister Sister' cannot be followed closely every time, so if you want to post pictures in real time, show your" big powder "status, sometimes you will find a picture person to buy a picture of pictures. Materials, after processing, pretending to go to the scene. "Zhou Xiaoying said that from the perspective of her contact, there are full -time shooting, long -term stationed in the film and television city such as Hengdian Film and Television City. The staff of the venue do part -time jobs, such as some security personnel who perform venues, and use professional convenience to shoot stars.

Zhen Jingshan, deputy director of the Beijing Xingquan Law Firm, believes that the agglomeration group has become increasingly stronger and the acting has become a business. It is a product of the development of fans' economic deformed development. It belongs to a morbid economic behavior. In recent years, with the continuous development of the economy and society, the star chasing behavior of fans has also changed dramatically. The ring star "developed in all directions and showed the development trend of industrialization.

"Providing fans to provide agency service is a manifestation of the fan economy. It uses fans' enthusiasm for celebrities, ignores the legitimate rights and interests of others, seize the uniform interests with illegal means, and expresses the inferiority of capital profits. "Zhen Jingshan said. Ma Lihong, deputy director of the Cultural and Tourism Professional Committee of the Beijing Lawyer Association, Ma Lihong, a lawyer of Beijing De and Heng Law Firm, said that the emergence of the agent was mainly to meet the needs of some fanatics and some stars pursuing exposure. Guidance, repeated disorder, disorder and even violations of laws and regulations not only seriously interfere with the public order of social public order, but also bring extremely negative demonstration effects.

Cause contradictions are increasingly acute

There are multiple legal risks

In recent years, the contradictions caused by the auction have become increasingly frequent, and more and more stars and crews have spoiled around the problem of the generation.

In July 2020, the field service of the crew of the online drama "Hao Yi Xing" had a physical conflict with the photographer. Someone has been fired. During the shooting of "Fairy Sword 4", there were also scenes and conflicts on behalf of the shooting, and the shooting was tied to the tree.

On June 16 this year, the crew of "Fengxing" issued a statement saying that it advocated the healthy development of the industry, called for the protection of works of works, and resisted all infringements such as generation shots. On July 9, the crew of "Worry -free" issued a statement saying that no relevant personnel broke into the private rest area of ​​starring Ren Jialun without authorization, and spread the crew and actor information online. The crew stated that it resolutely resisted bad behaviors such as sneak shots and Reuters.

An industry insider told reporters that when shooting the crew, the crew usually keeps confidential requirements for artists' clothing, shapes, plots, etc., but the ubiquitous shooting will leak the work content of the artist in advance, and even because they use everything to shoot. Methods may also affect the order of the work site. "Sometimes a bunch of big men at the scene, carrying the camera, were said to be a fan when they were found. The lens may be shot when they were in a help. ","

In addition to tracking the crew of shooting, there are also actors who deliberately shoot the female star skirt bottom, block the celebrities at the airport, causing the crowd to be confused ... All kinds of filming occurs from time to time. Many artists such as Zhang Ziyi, Wu Jing, Hu Ge, Li Xian, etc. have scolded each other and called for resistance to this behavior.

Experts interviewed pointed out that on behalf of the shooting, a lot of legal issues were a product that wandered in the gray area.

Zhen Jingshan said that for celebrities, the act of shooting may cause the legitimate rights and interests to be infringed. First of all, shooting on behalf of the star, and even resold the shooting results, constitutes an infringement of the right to portrait portrait; secondly, according to the Civil Code, no organization or individual may be spiny, invaded, leaked, open, etc. The way to infringe on the privacy of others. If the shooting content of the shooting involves celebrities' privacy, private activities, and private information, which interferes with the peaceful life of private life, it constitutes an infringement of privacy. The shooting, or the content of the shooting is suspected of ugly stars, the publicity of the shooting content will lead to a significant reduction in the evaluation of the star society, and it may infringe on its reputation. Finally, the shooting staff often illegally obtain the address, telephone number, phone number, phone number, phone number, phone number, phone number, phone number, phone number, phone number, phone number, phone number, phone number, phone number, phone number, phone number, phone number, phone number, phone number, phone number, and phone number, and phone numbers, and phone numbers, and phone numbers, and phone numbers, phone numbers, and phone numbers, and phone numbers, and phone numbers, phone numbers, and phone numbers, and phone numbers, phone numbers, and phone numbers, and phone numbers, and phone numbers, phone numbers, and phone numbers, and phone numbers, phone numbers, and phone numbers. Success information, etc., these behaviors constitute the infringement of celebrity personal information.

For the crew, the generation of shooting will not only violate its legitimate rights and interests, but also cause huge losses to it. The crew or producer enjoys complete intellectual property rights for the film and television dramas, such as the copyright of stills, styling, styling, lines, performance content, etc., and shoot the above content on behalf of the shot. Resignation constitutes the infringement of copyright. If the crew has taken confidentiality measures at the shooting site, the shooter takes illegal means to shoot, and the content of the shooting is not known to the public, it may infringe on business secrets. At the same time, if the shooter takes the method or behavior of disturbing the crew of the crew, in severe cases, the crew may cause stagnation and cause serious economic losses to the crew.

According to Ma Lihong, the auction may face the risk of administrative punishment. The photographers usually gather in public places such as airports, hotels, and star activities to block the entrances and exits, gallery bridges, and some even affect the order of public places. Among them, the more harsh actors who were harsh were discouraged by on -site managers who refused to leave or counterattack with violence, but they were suspected of disrupting the public order.

Ma Lihong said that there is still a risk of violating criminal law. There is an industrial chain of illegal acquisition, providing or selling celebrity personal privacy information behind the generation of shooting. The star ID number, address, mobile phone number, itinerary, flight number, hotels and other privacy information are all sold by "ox". To complete the "order", you need to buy or receive the above information. my country's criminal law stipulates that stealing or illegally obtaining personal information of citizens in other methods, and the circumstances seriously constitute a crime.

Strictly rectify the rice circle economy

Clean up the soil to breed the soil

By resistance by the stars, "pulling black" by the crew, the dislikes and recovery are constantly.

"There is a huge potential market." From the perspective of Zhen Jingshan, the root cause of the large number of existence of the acting behavior is that some fans have improper star chase concepts and distorted values, making them willing to pay for the generation. Acting meets the deformity of the fans' fanatic chasing, and has a broad market in the current irrational development of the fan economy at this stage. At the same time, for the photographers, it can earn economic benefits and even huge economic benefits. At this stage, the accountability of the photographer needs to be strengthened. Whether it is the right to be infringed or the relevant departments have some shortcomings at the level of accountability of the illegal act of the photographer, which leads to the fear of the photographers. Ma Lihong believes that the traffic economy has derived the economy of the rice circle, while the rice circle economy is the survival soil that has repeatedly banned the act of shooting. In addition to the reasons for fans, the abnormal ecology of the rice circle culture also includes the results of capital, brokerage companies, marketing numbers, and platforms, and a gray industry chain has been formed.

She said that first of all, "Ox" collected flight information publicly for sale. After purchasing, the photographers were squatting at the airport according to the star itinerary, and then sold to "Star Station" after taking photos. The unified name). After that, the "Star Stand" and then sold the peripheral products produced by these photos, such as albums, posters, albums, and desk calendars to fans, and finally fans paid for business on behalf of the business. A photo of a photo is increased by the aggregation of the photographer and the "star standing", which may eventually be wrapped into "sky -high" products for sale. It is the complexity and huge profits of the interests of each subject, which has caused repeated ban on generations.

Zhen Jingshan believes that there is a lot of difficulty in the current photography governance. The public has insufficient awareness of the harmfulness of the acting behavior, and the act of shooting is also confusing. It is often difficult to distinguish between "shooting" or "real shot". In addition, on behalf of the transaction, it is concealed. Action often conducts online transactions through social groups or websites, and it is not easy to be found and regulated. The lack of effective regulations for the acting behavior, the qualitative and regulatory measures of the acting behavior, there is no clear and systematic specification at this stage.

"The traffic does drive the fan economy, but on the other hand, it is also due to the distortion of the rice circle culture that the chaos of the industry chain is caused. Not only the violation of the legal rights and interests of the individual, but also the blasphemy of the public interest, so it must be renovated. "Ma Lihong suggested that relevant departments and industry associations should issue relevant standardized documents to explicitly prohibit the on behalf of the profit. All departments are jointly rectified, and the various departments will be renovated. From the source to the terminal, cut off the industry chain, and investigate the legal responsibility of relevant personnel.

Ma Lihong believes that it should also purify the network environment, rectify the economy of the rice circle, and prohibit the spread of the information that is suspected of infringing on others' rights. She misleads the consumption of fans to consumption, and the "big fan" and "station sister" that perform spiritual control of fans will severely crack down on the law.

Zhen Jingshan suggested to clean up the soil breeding of generations, cut off the interest chain of the replacement industry, ban and shut down online platforms for business shooting business, and rectify the social groups and public accounts that are published and integrated. At the same time, strengthen positive guidelines in the society, through various forms such as celebrity vocalization, industry organization initiative, and joint participation of fans, to create a healthy atmosphere of maintaining legitimate rights and interests, resisting, and contempting for each other in the industry.

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