Yue Yunpeng won the lawsuit, Guo Degang took precautions, has the copyright war in the crosstalk industry not started yet?

The infringement case regarding the "Song of the Five Rings" sung by Yue Yunpeng in Dapeng's movie "Pancake Man" has been finalized. Both Yue Yunpeng and "Song of the Five Rings" are fine, and it is not considered an infringement. There are already many specific reports and discussion articles, so I won’t get into them. What I want to say in this article is that there are still some hidden “copyright mines” in the cross talk industry, and it’s hard to say when they will explode in the future.

I recall that the pop music industry used to have no concept of copyright. All kinds of pirated tapes were flying everywhere. Who had paid to download MP3s on the Internet? But now the copyright of the pop song industry has been standardized, and we can finally be generous. I spent a few dollars to download songs online. Copyright regulations for the folk art industry, including the cross talk industry, are not far behind.

In fact, the storytelling industry is ahead of cross talk in terms of copyright. Shan Tianfang has encountered two copyright lawsuits. The first time he won the "Three Heroes of Swords" and the second time "Twelve Money Darts" 》Lost, the copyright owner lost 6,000 yuan.

The cross talk industry covers more content than storytelling. After all, both singing and stand-up comedy may involve copyright issues. So which behaviors in the cross talk industry do not involve copyright, and which behaviors are subject to "copyright thunder" "What about the risks?

The author only introduces some legal common sense that I personally understand combined with industry regulations. Please discuss the shortcomings together:

1. The cross talk performance uses the baggage of others

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Both Deyun Club’s Zhang Yunlei and Zhang Helun were involved in this kind of controversy because they quoted their peers’ original creations in cross talk performances. Legally, this small-scale citation does not involve copyright infringement, but it does involve business regulations. According to the rules of crosstalk, "pulling leaves" is a disgraceful behavior. If you want to use someone else's burden, it is best to say hello in advance. Using someone without saying hello is an ethical issue in the industry.

2. Performing the entire crosstalk that others have said in a crosstalk performance

This situation is very common, but it must be viewed from two aspects. On the one hand, some old jokes and traditional cross talk belong to the public copyright, and anyone can say that, such as "Fenhe Bay" and "Yellow Crane Tower". No one cares about your copyright issues no matter what you say. On the other hand, for some new jokes that have been copyrighted, you must obtain the consent of the copyright owner unless you know that its copyright has expired.

There is also a third situation, that is, old jokes adapted by individuals. For example, Guo Degang's "The Dream of the Western Expedition" was adapted from the traditional cross talk "Desheng Tu". If Guo Degang's "The Dream of the Western Expedition" " has registered copyright, then if you want to say "Dream of the Western Expedition", you must get Guo Degang's consent, but if you say "Victory Picture", it doesn't matter.

In fact, Guo Degang is already doing this. He has adapted and compiled 19 stand-up comics such as "Little Immortal", "Journey to the West", "The Romance of the Sui and Tang Dynasties", "The Story of Jigong" and other 19 works. Copyright registration has been carried out. Some people may ask why "Journey to the West" counts as his copyright. It's actually very simple. His copyright is the version of the stand-up comedy "Journey to the West" that he adapted and compiled, not the original version of "Journey to the West", so whether it is infringed depends on which version you are referring to.

3. Performing songs in cross talk, there are more and more such performances now

This can be divided into two situations. The first is to occasionally add a few lines of songs to cross talk. When baggage is used, such as the "Who...is knocking on my window" series that Zhang Helun often talks about, and only quotes one or two lyrics to constitute baggage, this situation is not considered infringement.

The second type is when cross talk actors sing large sections or even entire sections of copyrighted songs in small theaters and commercial performances. Unless the tickets are not sold, as long as the tickets are sold, there is infringement. Of course, there is also controversy, that is, singing during the encore or during breaks. Some people will say that singing during the encore is a gift and does not make any money, so it does not constitute infringement. In fact, this argument is difficult to be supported by the court.

4. Is it infringement when forwarding a crosstalk performance video online?

This depends on whether the video has the copyright owner. For example, a cool person has obtained the copyright of the crosstalk performance video from Deyun Club. You have not Authorize it and forward it to other platforms. Once the other party pursues it, of course it is infringement. However, as long as the profit is small or no profit, the other party will only ask you to delete it.

To sum up, the cross talk industry will definitely have a copyright reorganization in the future. Many new jokes will be formed into cross talk scripts for copyright registration. Many old jokes will also be registered for copyright after personalized adaptation. In addition, in cross talk, There are more and more performances singing pop songs, and there will be new copyright lawsuits in the future.

The copyright war in the cross talk industry has not yet begun.