Culture

Quyi works: oral transmission does not mean everyone can use them

2025-04-30   

Quyi is a traditional Chinese oral performance art that has been passed down from generation to generation mainly through apprenticeship and oral transmission. The characteristics of this art and the unique rules of the industry make the copyright protection issues faced by Quyi works more complex and diverse. April 26th this year is the 25th World Intellectual Property Day, and the theme of "Intellectual Property and Music" has received widespread attention worldwide. However, Quyi, which belongs to the category of performing arts along with music, also faces the problem of copyright protection. Moreover, due to its oral performance art and the ancient tradition of oral transmission and apprenticeship in the Quyi community, Quyi works face even more complex and diverse copyright protection issues. How to better protect the rights and interests of Quyi creators urgently needs our attention. In the past, Quyi was a means for folk artists to make a living, with a certain degree of exclusivity and exclusivity. Only by apprenticing to a master can apprentices have the opportunity to learn and use their master's works and skills, and only with the master's consent can there be exchanges of works and skills between different portals. After the establishment of the People's Republic of China, folk artists broke free from the situation of wandering around the streets and alleys to survive. They stepped onto the stage and entered the theater to become folk artists serving the people, belonging to different folk art troupes and organizations. For many years, various folk art groups have followed simple industry rules. For example, according to Ma Yunlu, a cross-talk performer from the rap troupe of China Railway Art Troupe, in 1990, when Jilin Quyi Troupe went to Hebei for exchange performances, Hebei Quyi Troupe thought their cross-talk program "Diao Deyi Exam" was good and wanted to use it. In exchange, Hebei Quyi Troupe let the other party use their cross-talk work "Pulling Advertisements". This was a customary rule in the Quyi industry at that time. Since June 1, 1991, China has implemented the Copyright Law of the People's Republic of China, which stipulates the rights of artistic works, including quyi, in its implementation regulations. Since then, significant progress has been made in copyright protection for various art genres, especially the China Music Copyright Association and the China Photography Copyright Association, which have played important roles in copyright protection in their respective fields. Although a lot of work has been done in the field of Quyi copyright protection, due to the characteristics of Quyi art itself and the unique rules of the Quyi industry, the task of Quyi copyright protection is still relatively heavy, mainly reflected in the following aspects. The definition of copyright ownership for Quyi works is complex. Traditional Quyi works have been passed down through generations of Quyi performers and processed multiple times. Initially, many authors are unknown, and many have become widely used pieces in the Quyi community. Moreover, Quyi art is mainly in the form of rap, with more improvisational performances, sometimes utilizing the effects of other art forms. For example, cross-talk emphasizes storytelling, comedy, and singing, and the performance process may involve copyright issues of other art forms; How to define the boundary of using "baggage" from other people's works, even though it only involves a few sentences and a small amount of text, to achieve good results for the entire program? Both the owners and users of the copyright of Quyi works generally lack awareness of copyright protection. Some people believe that "Quyi is currently in a downturn, so let's not dwell on copyright issues anymore" and "it's impossible to win a lawsuit against a dominant platform"; Some people believe that "as long as someone uses my work, it's a show of goodwill for me, and they don't have to pay, it's okay" and "it's all colleagues. Talking about copyright hurts emotions". In this situation, some people hold a "take it for granted" attitude, thinking that it is more convenient to take someone else's ready-made works, without considering the hard work and dedication of the creators. There are various ways of copyright infringement in Quyi. Currently, a large number of Quyi works are being used arbitrarily on various media platforms without receiving the necessary protection. The works of famous Quyi artists are broadcasted on airplanes and trains, and most of the well-known Quyi works on audio and video websites have not been authorized by the copyright owner. A famous Quyi performer once said, "When you perform on stage, all you have is a mobile phone, and your works can always be found on various online platforms." Quyi copyright protection is difficult and costly. In the era of new media, there are various types and widespread distribution of communication platforms. Some online platforms lack effective supervision over copyright infringement in order to obtain economic benefits, making it difficult for copyright owners to protect themselves from massive amounts of information. Communication platforms often occupy an advantageous position and control the channels of communication, and copyright owners may face the dilemma of losing channel resources when carrying out rights protection activities. Faced with such a problem, we can only be helpless and let it go. Mr. Lao She criticized the phenomenon of underestimating the creation of Quyi many years ago: "Some writers and young people who learn to write do not have a high regard for Quyi. They believe that if they want to write a novel, they can become writers and earn a lot of money, and soon they can become members of the Writers Association. They will gain both fame and fortune." He once said, "If you write a play, I will write a hundred drum lyrics. If it's good, the value is the same. In recent years, the development of folk art has faced the dilemma of a shortage of creative personnel, one of the important reasons being that the copyright of folk art creators has not been taken seriously. If the status and income of Quyi creators are not guaranteed, they will naturally lack creative enthusiasm. To attract more outstanding creators to join the Quyi creation team, it is particularly necessary to effectively strengthen the protection of Quyi copyright. On the one hand, it is necessary to strengthen the promotion and popularization of copyright protection in the field of Quyi. Make full use of the "World Intellectual Property Day · Quyi Copyright Promotion Week" event organized by the China Quyi Association, the Quyi Rights Protection Roundtable Conference, and the legal volunteer service in small theaters to widely promote and enhance the awareness of copyright protection among Quyi workers, and increase the enthusiasm of Quyi creators to carry out their creations. On the other hand, it is necessary to clarify the definition of copyright ownership for Quyi works. Many traditional folk art works may have exceeded the 50 year protection period stipulated in the Copyright Law, and these works should be considered public goods that can be reasonably used by folk art practitioners. However, for adapted works, the adapter can only claim copyright for the explicitly adapted parts. In addition, it is necessary to expand the channels for copyright protection in the music industry. The Quyi community should strengthen communication and collaboration with relevant departments, explore the application for collective management organizations for Quyi copyright, and concentrate specialized efforts to protect the copyright of Quyi artists. Such collective management organizations can communicate and negotiate with rights users such as radio stations, television stations, video websites, publishing houses, etc., to urge all platforms, especially online platforms, to effectively fulfill their regulatory responsibilities and build a mutually beneficial communication channel between copyright owners and users of Quyi works; We can explore the establishment of fee standards for the publication, adaptation, premiere, and repeated broadcast of Quyi works, and provide suggestions to the national copyright management department on the payment standards and methods for the use of Quyi works. This will scientifically reflect the creative labor value of Quyi creators and the repetitive labor value of performers, and change the long-standing phenomenon in the Quyi industry where creative income is far lower than performance income. Quyi is an important component and valuable resource of China's excellent traditional culture. Strengthening the copyright protection of Quyi works, stimulating the passion and vitality of Quyi creators, is the guarantee for the emergence of more excellent works. (New Society)

Edit:Momo Responsible editor:Chen zhaozhao

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