Copper Benma dolls were pirated, and cultural and creative rights need to be strengthened.

This summer, the Cultural and Creative team of the Gansu Provincial Museum has created a doll with gymnastics and "horse super dragon birds" with the theme of Tongma, which was unearthed in Gansu and used as a Chinese tourism symbol. This doll is "circled" because of the images. When cultural and creative staff worked overtime in joy, some illegal merchants took the opportunity to sell pirated products on the e -commerce platform, with sales of more than 100,000 pieces.

In recent years, museums in various places have actively excavated the collection of museums, and have driven cultural relics to "live" with cultural and creative products. At the same time, the IP infringement case occurred from time to time, and the cultural and creative products of the Internet Red Museum were repeatedly imitated by inferior products.

Pirate infringement stole the wisdom of developers

The reporter discovered that some fake sales platforms were labeled "official genuine" in order to confuse consumers. Some stole the original promotional videos and pictures of the Gansu Provincial Museum, but the supply came from some places without official authorization. These pirated dolls fake the name of "genuine", and at the beginning of the authentic product, they rely on the mature sales chain to occupy the market.

In the Cultural and Creative Store of Gansu Provincial Museum, tourists choose doll Ma Xiping

The Copper Benma Doll Culture Team is sad and helpless about it. "The production cycle of a cultural and creative product is generally 3 to 6 months, and the cost is at least 100,000 yuan, and the pirates stole the wisdom of the developer by simply replicating the creativity." Cui also said that their team has always insisted on originality since its establishment in 2015. Among the more than 2,000 cultural and creative products developed and designed, the Tongben horse doll is the first "phenomenon" work that truly all over the entire network.

The reporter learned from the Dunhuang Research Institute that since 2019, the "Dunhuang series" inherited and developed by several generations has encountered multiple infringements, involving cultural and creative products or joint products, text art works, trademarks or official logos, etc. Many aspects.

Beijing Paehuo R & D Culture and Art Co., Ltd. is responsible for holding art exhibitions all year round. Huang Xuanzi, the founder of the company, said that in order to promote IP with other companies, the company has snatched relevant trademarks.

Creativity is not easy, and it is more difficult to protect rights

Industry insiders said that a cultural and creative product from authorized to design development to proofing is listed, with many experiences. Related enterprises should not only spend a lot of funds to hire creative teams to create IPs, but also need to polish and optimize IP for several months. Even so, whether IP can become a explosion is still unknown. Once the carefully created IP has not become a explosion, cultural and creative enterprises must be rebuilt.

In the Cultural and Creative Store of Gansu Provincial Museum, tourists choose doll Ma Xiping

Piper -made cultural and creative products with rough and low -cost sales of low -priced sales only need to use simple production to seize the market that belongs to genuine cultural and creative products. The person in charge of some cultural and creative enterprises admits that if you want to do it, you must have long -term stable capital investment, but also to continue to open up creative space. If product benefits are "harvested" for a long time, corporate operations will be unsustainable.

Cui Yixin introduced that since the development of cultural and creative products with the Gansu Provincial Museum in 2015, they have lost money for years, and they did not barely achieve the balance of revenue and expenditure until 2019. In the past two years, in order to maintain operations, employees have been cut from 80 to 30. If it wasn't for the burst of Tongben Male Creative products this time, the salary would not be settled next month. "The fire of the copper Benmawen creative product originally strengthened the team's determination like a strong heart, but now it has encountered a pirated version."

Yang Jianren, deputy director of the Gansu Provincial Department of Culture and Tourism, and Gao Yafang, Dean of the School of Tourism, Lanzhou University of Arts and Sciences, said that cultural and creative products allowed cultural relics to get out of the museum and attract more young people to actively perceive the excellent traditional culture. use. The repeatedly banned pirated infringement in the field of cultural and creative fields has harmed the vital interests of the original staff and destroyed the foundation of the activation of cultural relics and the development of virtuous circulation.

The legal person interviewed stated that after the original creators found that they were infringed, they could theoretically appeal to the platform to remove the infringing products and filed a lawsuit against the infringed merchants. However, factors such as high rights protection costs, long time, and difficulty in proof have made it difficult for the original creators to get corresponding compensation. When the "illegal profit amount is greater than the amount of the judgment", some merchants will choose illegal.

The person in charge of the Wenbo unit stated that there are many channels and regional scope of related infringements, with a wide range of regional scope, and difficulty in monitoring and traceability. The relevant units are mostly research institutions. They lack specialized legal persons and are difficult to truly defend their rights. "Besides, we can't waste time on rights protection." Huang Xuanzi said.

Increase supervision and compensation, improve the original protection mechanism

The "Intellectual Property Rights · Service Science and Technology Investigation White Paper" released by the People's Procuratorate of Haidian District in Beijing in 2021 shows that from April 2011 to March 2021, the total number of cases of intellectual property crimes in the field of science and technology, innovation, culture, and creativity Nearly 69%; the "White Paper on Judicial Trial of Cultural and Creative Industry Intellectual Property Disputes in Cultural and Creative Industry Intellectual Property Disputes" released by the People's Court of Putuo District, Shanghai shows that from 2019 to 2021, the court accepts a total of 4,902 cases of intellectual property in cultural and creative industries, accounting for accounting 37%of all intellectual property cases.

In some incidents, even if the final protection is successful, the compensation obtained is often not proportional to the loss, and it will even be zero compensation.

In the Copper Pan Ma Doll Inspection Incident, the Gansu Provincial Museum issued a solemn statement as soon as possible, saying that the exclusive copyright of the Tongben horse plush toys did not grant production rights and sales rights to any third party. However, after the statement was issued, only some shops were removed from the shelves after negotiation and did not make any compensation. It is understood that in the past few years, in another infringement case, the Gansu Provincial Museum team has also sued relevant manufacturers and some outlets as plaintiffs, in exchange for only relevant parties to stop production and sales.

Culture and creativity are not easy to protect creativity. Cheng Liang, director of the Gansu Provincial Cultural Relics Bureau, said that cultural and creative products carry a thick historical and cultural heritage. Due to their lightweight and creativity characteristics, they even play a more unique role in cultural dissemination than the cultural relics itself. In the future, industry supervision should be strengthened, and the compensation for cultural and creative infringement should be strengthened and the combination of the full chain. In particular, it is necessary to prevent illegal merchants from “changing their heads” and continued production and sales to make huge profits.

At the same time, improve the original protection mechanism and property rights protection mechanism, such as the establishment of the National Cultural and Creative Art Fund to support the research and development and development of national key cultural relics derivatives, so that outstanding traditional culture can achieve orderly transmission and interesting inheritance through more emerging carriers in the new era. Tell Chinese stories with Chinese creativity.

Source: "Half Moon Talk" 2022, Issue 15

Reporter Banyue Talk: Song Changqing Jiang Weichao He asked Lang Bing | Editor: Xu Ning

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