Recently, a netizen claimed to be the brother-in-law of the deceased in the "Nanda dismemberment case" and posted a message to actor Zhang Yi, saying that his lead role in the TV drama "Who is He" has caused harm to the victim's family - the "Yu Aiqin case" in the TV drama is highly similar to the "Nanda dismemberment case", and the drama also fictionalizes the plot of "Yu Aiqin's extramarital affair", causing his elderly parents to suffer from gas sickness and be bedridden. This matter has attracted widespread attention and discussion in society: Do film and television works need to obtain the consent of the parties involved when depicting real events? How to avoid potential infringement issues? The reporter from the Rule of Law Daily interviewed industry experts on this matter. Zhao Zhanzhan, a special researcher at the Intellectual Property Center of China University of Political Science and Law, introduced that in recent years, some film and television works have adapted the stories of prototype characters in order to highlight artistic effects and shape distinctive character images. Sometimes, this may make it difficult for the prototype characters to accept, and even bring reputation infringement lawsuits against film producers. The manifestations of reputation infringement include insult and defamation Zhao Zhan said that literary or film works adapted from real people and events, even if the adaptation is significant, do not necessarily infringe on the reputation rights of the original characters. The key is to determine whether they meet the elements of infringement. Film and television works belong to re creation, and if they do not meet the elements of infringement, the interpretation of real events does not necessarily require the consent of the parties involved. Jin Zuopeng, Senior Partner of Beijing Long'an Law Firm, pointed out that according to relevant provisions of the Civil Code, the reputation rights, reputation rights, and personality rights of the deceased are protected. In the process of adapting real events into film and television works, if there are inappropriate adaptations such as exaggeration, negative innuendos, or belittling of the prototype characters or their families, it is highly likely to infringe upon the legitimate rights and interests of the prototype characters or their families. When interpreting real events in film and television works, bottom line and red line awareness should become a consensus Jin Zuopeng believes that sensitive information about individuals involved in real events, such as identity information, family background, etc., should not be disclosed or overexposed without legal authorization. These pieces of information should be handled with caution to prevent the risk of personal information leakage caused by the dissemination of movies and TV dramas, and to avoid legal disputes over infringement of works. Producers should also respect facts and maintain maximum respect for facts during the process of adapting and creating film and television works, avoiding distortion and untrue presentation Jin Zuopeng said that film and television works have extensive dissemination and influence, and the creation of works should respect public order and good customs, and avoid spreading negative value orientations. The reporter noticed that in this incident, if the fact of infringement of film and television works is established, whether the actors and broadcasting platforms participating in it will be involved in infringement disputes is also a hot topic of public discussion. The interviewed experts unanimously believe that actors do not constitute infringement, and whether the platform infringes needs to consider factors such as whether they have fulfilled their review obligations and whether there is subjective fault. In the process of filming a film or television work, actors only showcase their artistic value through performance and do not participate in the decision-making process of the work creation. Therefore, actors are not the main responsible persons for the filming and broadcasting of the film or television work, and therefore do not constitute infringement issues Jin Zuopeng said. Film and television works are produced by the producer and enjoy copyright. If they involve infringement of the legitimate rights and interests of others, the producer shall bear the responsibility Zhao Zhan pointed out that broadcasting platforms generally do not bear legal responsibility for direct infringement. However, if the infringed party issues an infringement notice requiring them to stop infringing and stop broadcasting, and fails to take measures resulting in further expansion of the damage, the broadcasting platform may bear joint and several liability with the producer for the expanded damage. So, if the fact of infringement is established, how should the parties protect their rights? Jin Zuopeng suggests that when the parties become aware of infringement, they should first take measures to fix evidence, such as saving recorded videos and screenshots, collecting textual materials related to inappropriate adaptations in film and television works, and negotiating a settlement with the producer. If no agreement can be reached through negotiation, one can seek the help of a professional mediation institution and use professional expertise to promote the resolution of the problem. After the fact of infringement is determined, the parties have the right to claim legal responsibility from the producer, including apologizing, eliminating the impact, and compensating for losses, in accordance with legal provisions. In specific liability determination, the corresponding supplementary liability that the producer should bear and the specific scope and methods of eliminating the impact are usually determined based on the degree of fault that the producer has in the infringement behavior, such as public statements, active coordination, rectification and remedial measures, etc., to protect the legitimate rights and interests of the parties from infringement Jin Zuopeng said. In fact, in recent years, there have been many controversies surrounding the adaptation of film and television works. For example, after the release of the 2018 film "I Am Not a Medicine God", the prototype Lu Yong filed a lawsuit against the production company because throughout the entire process from film preparation to production completion, the production company did not obtain Lu Yong's legal authorization, and some of the plot presented in the film did not match objective facts, which had a certain degree of negative impact on Lu Yong's personal image. So, how to avoid the legal risks brought by the portrayal of real events in film and television works? Jin Zuopeng pointed out that producers need to pay attention to whether the works themselves comply with social order and good customs, whether they follow the relevant laws and regulations of the country in the field of publishing and the dissemination of film and television works, and the social effects that may be generated by broadcasting. From the perspective of an actor, as long as their performance meets the established requirements of the producer and director, and is compatible with the script, distribution platform, and setting of the work, their own performance behavior will not cause infringement issues under normal circumstances. In special performance styles, appropriate deletions or choices should be made based on the actual situation to avoid potential infringement risks caused by improper performance Jin Zuopeng said. For broadcasting platforms, Jin Zuopeng believes that a strict and comprehensive content review mechanism should be established to conduct preliminary reviews of upcoming content, with the core purpose of ensuring that the broadcasted content is legal and compliant. Only in this way can the broadcasting platform control the source, effectively avoid infringement risks, and create a healthy and legal environment for film and television broadcasting. (New Society)