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《家里家外》《歪出一片烟火人间》
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短剧被抄袭,要如何维权?
Xin Lang Cai Jing· 2025-07-04 07:12
Core Viewpoint - The rise of micro-dramas has significantly impacted the online audiovisual industry, but copyright issues such as plagiarism and unauthorized adaptations have become increasingly prominent [1][4]. Group 1: Copyright Issues - The short drama brand Tinghuadao issued a statement claiming that "The Fireworks of the World" plagiarized its copyrighted work "Home and Away" for commercial gain, highlighting nine instances of "high similarity" between the two works [1]. - The main forms of piracy in the short drama market are unauthorized adaptations and remakes, with Tinghuadao previously addressing infringement through negotiations with companies and platforms [1][4]. - Following the copyright claim, "The Fireworks of the World" was removed from relevant platforms and applications [1]. Group 2: Legal Perspectives - Experts emphasize that determining infringement requires comprehensive comparisons of scripts and dialogues, as mere visual comparisons are insufficient [4][5]. - The threshold for recognizing substantial similarity is generally set at 70%, while 30% to 70% indicates partial copying, and below 30% is typically not considered infringement [4]. - The difficulty in proving infringement is compounded by the fast-paced nature of short dramas, which often leads to challenges in gathering evidence and lengthy court proceedings [4][5]. Group 3: Originality and Expression - The originality of short drama content is a critical factor in assessing copyright claims, with comparisons focusing on main storylines, character settings, and narrative structures [5][6]. - Elements such as dialogue, visual presentation, and camera work are also essential in determining whether a work possesses unique expression [6]. - Many common themes and settings in short dramas may fall into the public domain, complicating the protection of certain narrative elements under copyright law [5][6].