[3] Retired Auntie Remakes "Empresses in the Palace," Though Without Malice, It Inevitably Infringes Copyright

Compiled from: Jimu News, The Paper
 
Case review
A film recreated by 16 retired Shanghai aunties, with an average age of 62 and the oldest over 70, who paid out of their own pockets, has recently become a hot topic online, with the video garnering over a million views.

 
 

While many praised the aunties for their colorful retirement lives, some netizens questioned it as a publicity stunt and suggested the film might infringe on the original work's copyright.
 
According to a report by Jimu News, Cao Ping, the producer of "Empresses in the Palace," stated that they have consulted the company's legal department and are preparing materials to request the video platform to take it down. However, he also said that despite the infringement, they are not considering holding the organizers or the aunties legally responsible for now, adding, "The audience likes it, and we can understand that."
 
 
《 [1] The People's Republic of China Copyright Law
Article 10: Copyright includes the following personal and property rights:
……
(5) The right of reproduction, that is, the right to produce one or more copies of a work by means of printing, photocopying, rubbing, sound recording, video recording, re-recording, re-filming, digitization, etc.
……
 
 
[1] The author's perspective
In fact, it's not just celebrities who can film in Hengdian now; ordinary tourists can also spend money to experience acting, with the cheapest options costing just a few dozen yuan and the most expensive private customizations costing hundreds of thousands of yuan. From this perspective, it has already formed a business model.
 
In this case, the children hired the film crew and film base for their mother to pass the time and show filial piety, not with malicious intent to infringe on the original work's copyright. However, despite this, posting the recreated film online and attracting significant attention could still potentially infringe on the rights and interests of the original work. Currently, while the original work's rights holders have contacted the platform to remove the corresponding videos and photos, they do not plan to pursue legal action against the aunties. The author believes this approach is quite appropriate, as it both protects the copyright of the original work and reflects a humanized understanding.