Xuan Zhang's Cinema Photos Spark Debate on Piracy and Personal Viewing in the Digital Age
On February 15th, Chinese social media was abuzz with reactions to a set of photos taken by actor and singer Xuan Zhang in a cinema, depicting scenes from his recently watched film, "Flying Swords of Dragon Gate 2." The incident came to light just weeks after over a hundred Chinese celebrities took part in an anti-piracy campaign during the Chinese New Year holiday, including stars such as Li Yuchun, Yang Mi, Dong Zijian, Lu YANG, Jia Ling, Zhang XiaoFei, Chen Sicheng and others. This campaign aimed to raise awareness about the unauthorized filming and distribution of copyrighted content, a practice commonly referred to as 'piracy' or 'camcording' in the West.

16 February 2024
The image of Xuan Zhang in the cinema caused quite a stir, prompting discussion around whether his actions constituted piracy. Lawyer Zhou Zhaocheng weighed in on the matter, pointing out that whether Xuan Zhang's actions indeed amount to piracy would depend on the specifics of the situation.
According to Chinese law, the unauthorized filming, audio recording, or video recording of a film while it's being screened in a theater is a breach of the individual's intellectual property and privacy rights, and therefore, considered a crime. However, if someone is just taking a few photos or a short video during a screening for personal viewing or memento, without the intent of public dissemination or commercial use, it generally does not qualify as piracy.
While Zhou Zhaocheng's comments rest on the principle of intent, the line between personal viewing and piracy can sometimes seem thin. With celebrities like Xuan Zhang, their every action is magnified under the public gaze. Hence, they carry a greater responsibility to set an example for their fans.
This episode also raises the question of whether the same standards should apply to everyday moviegoers. In China, movie piracy laws are very strict, prohibiting any form of photography or filming during a screening. Yet, it's not uncommon for individuals to take a few photos or a short video during a screening—particularly if no harm is intended.
The issue of piracy is not unique to China. In fact, it's a global phenomenon that affects the film industry worldwide. Despite the tireless work of the Motion Picture Association (MPA) and similar organizations to combat piracy, it persists, largely due to the advancement of technology that makes it easy for individuals to capture and distribute copyrighted material.
Furthermore, the line between piracy and personal viewing is becoming increasingly blurred. With social media platforms acting as the primary medium of digital content distribution, even a few harmless photos or a short clip posted online could lead to a copyright claim from the film's creators.
Despite the severity of the law, the enforcement and punishment of piracy are not uniform. In many cases, studios do not pursue legal action against infringers, particularly in cases of non-commercial piracy like photo-taking or short video-recording. However, just because the film's creators haven't initiated legal action, doesn't mean the behavior is legal. Even in the absence of legal repercussions, piracy could still bring about negative social and moral consequences for the perpetrator.
The consequences of piracy, if reported and prosecuted, can be severe. Perpetrators could face civil liability, such as compensating the studio for any financial losses incurred due to the piracy, including box-office revenue and copyright fees. Additionally, piracy could be a violation of administrative laws, resulting in fines, suspension, or revocation of licenses for the offender. If the piracy act qualifies as a criminal offense, the offender could face criminal liability, including imprisonment.
To avoid any potential legal trouble, both celebrities and ordinary moviegoers should adhere to the cinema rules regarding photography and recording. If a photo or a short clip is desired for personal viewing or remembering, it's advisable to ask for permission from the relevant authorities or purchase the official DVD.
While the law against piracy is clear, the application and interpretation of the law can be complex. In the case of Xuan Zhang, while it seems unlikely that his actions would lead to criminal charges, they have sparked an important discussion about the nature of piracy, particularly in the digital age. As technology continues to evolve, the rules and laws governing the film industry will also undoubtedly change. It is therefore crucial that celebrities, as role models, and ordinary people follow these rules to respect the intellectual property rights of creators, and avoid unintentionally engaging in piracy.
The incident involving Xuan Zhang serves as a reminder that in today's digital age, the line between piracy and personal viewing is becoming increasingly blurred. As such, it becomes even more vital to understand and adhere to the laws and rules surrounding the use and distribution of digital content to prevent any unintended consequences.
In conclusion, the case of Xuan Zhang highlights the complexity of the piracy issue in the digital age and the role celebrities play as role models in society. It emphasizes the need for clear guidelines and rules concerning the use and distribution of digital content to protect the intellectual property rights of creators. At the same time, it serves as a reminder for both celebrities and the public to be responsible and respectful of the laws and rules governing the film industry.
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