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The anti fraud themed film 'All in One Throw' has continued to hit the charts recently. According to Cat's Eye Professional, the movie 'All in One Throw' has been released for 13 days and grossed over 2.7 billion yuan at the box office. Recently, some companies have accused the film of infringement.


'All in One' accused of infringement

On August 17th, Ningbo Konggu Youshui Film Co., Ltd. released a statement on Weibo stating that the film "All in One Place" was suspected of infringing on the copyright of its original film series "Fishing Operation" and has reported and filed a lawsuit with the National Film Administration.


Some netizens question whether Ningbo Konggu Youshui Film Industry is gaining popularity. On the afternoon of August 18th, Kongga Youshui Film Industry once again posted a Weibo response to the statement of "rubbing heat", stating that it had applied for registration before the film was released.


Manufacturer's response: Please delete the untrue remarks and apologize

On the afternoon of the 18th, Bad Monkey Film, the producer of the movie "All in One Throw," responded in a statement that the untrue statements made by Ningbo Konggu Youshui Film, after fermentation, have seriously affected the reputation of the film "All in One Throw," the reputation of the creators, and the reputation of the producer. Please immediately delete any untrue statements and issue an apology statement. Subsequently, the official Weibo account of the movie "All in One" also forwarded the statement.


Investor response: See you in court!

Alibaba Pictures also issued a statement in response to the alleged infringement of the film 'All in One', denying the infringement of 'All in One' and calling on Ningbo Konggu Youshui Film to 'see you in court'.

The statement states that the statements made by Ningbo Konggu Youshui Film Co., Ltd. in the statement are seriously untrue, and that the cooperation between Ningbo Konggu Youshui Film Co., Ltd. and our company in other projects is not related to the movie "All in One". Considering that Ningbo Konggu Youshui Film Industry Co., Ltd. has seriously damaged the reputation rights and related rights of the film "All in One Bet" and our company, we should bear the liability for infringement in accordance with the law. Our company will organize relevant evidence, actively respond to complaints and counterclaims.


Whether there is infringement or not, there are specific principles for determining it

In judicial practice, determining whether a work is infringing or not requires a comprehensive judgment based on specific circumstances. At present, the principle of "contact+substantial similarity" is generally adopted to determine whether an artistic work is infringing.

Contact refers to whether the infringer has come into contact with the work of the infringee or has the possibility of contact. If the infringing work has been publicly published, it will generally be considered as having a possibility of contact. If the infringing work has not yet been published, it depends on the author of the accused infringing work and whether there is any possibility of other exposure to the infringing work. For example, whether there is a relationship between it or its affiliated parties and the author of the infringing work, such as submission, cooperation negotiation, etc.

Long Wenmao, an expert in intellectual property law and a professor at East China University of Political Science and Law, once stated in an interview that copyright law protects expression and does not protect ideas. General reference refers to the utilization of the ideological level of others' works. Specifically, ideas include subordinate concepts such as ideas, creativity, and conception, which belong to the public domain and can be used by anyone. In judicial practice, the boundary between thought and expression requires individual judgment, comprehensive judgment of character relationships, the occurrence and direction of specific segments, and its relationship with the overall plot. This results in the boundary between "borrowing" and "plagiarism" not being easily known, and often being clarified through litigation.

The importance of copyright for film and television works is self-evident. With the increase of copyright awareness and the public's emphasis on copyright, it is believed that the entire industry will increasingly value copyright, causing those who plagiarize and infringe to pay a heavy price. Only in this way can this unhealthy trend be gradually eliminated and the entire industry be purified.

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