Hotspots · Analysis

Is it plagiarism or borrowing from the similar narrative patterns in short videos?

In this era of mass creation, short videos have become a popular platform for the public to showcase their talents and share their lives, thanks to their convenience and strong dissemination power. However, netizens who enjoy browsing short videos will find that once an account creates an interesting "narrative routine" or "story plot", similar short videos will emerge like mushrooms after rain, and original accounts cannot be prevented, causing netizens to be annoyed.

In May 2025, a short video infringement case involving the Beijing Internet Court attracted wide attention, and made a relatively clear identification of the copyright protection boundary in the creation of short video stories.

1、 Case Review: Similar Plot, Controversy over Infringement or Not

In this case, the plaintiff blogger claimed that a short video posted by another blogger with 10 million followers "plagiarized" their previously created content. The plaintiff pointed out that the two videos are highly similar in terms of theme and storyline, both telling the story of "the female lead selflessly giving in the early stage, the male lead cherishing it, the male lead being indifferent and distant in the later stage, and the female lead eventually leaving". However, the defendant argues that the editing techniques, storyline settings, and music choices of the two works are different, and the related character settings, relationships, and dialogue lines mostly belong to the public domain expression, which is a "narrative routine" and does not constitute infringement of the rights video.

2、 Legal Analysis: The Boundary between Thought and Expression

A fundamental principle of copyright law is to protect only the expression of ideas, not the ideas themselves. In the above case, the emotional themes presented in the two short videos, such as "the romantic relationship from good to broken", belong to the category of ideas and are not protected by copyright law. So, what are the protected expressions? It covers the progression of the story, the editing techniques of the shots, the selection and matching of the music, the design and arrangement of the scenes, as well as specific aspects such as character setting and dialogue design.

The key to determining whether infringement has occurred lies in "substantial similarity". The court will carefully compare the specific expressions of the two works during the trial. After trial, the court believes that in this case, although the works of both parties have similar plot points, many plot points are taken from earlier creations or public domain materials, and cannot be considered as original content of the copyrighted works. However, there are differences in the content, camera transitions, and their positions and roles in the video for other plot points, making it difficult to determine "substantial similarity". In the end, the court rejected all of the plaintiff's claims.

This indicates that simply having similar "narrative routines" is not enough to determine infringement, and the key depends on whether the specific expression has originality.

3、 Common infringement: moving, remaking, and using materials

1. Directly moving and plagiarizing

Unauthorized downloading of others' short videos and uploading them to one's own account is the most obvious infringement, which violates the original author's rights to information network dissemination and other rights. Once identified as infringing, the infringer shall bear civil liabilities such as ceasing infringement, eliminating the impact, apologizing, and compensating for losses.

2. Unauthorized adaptation and remake

Adapting other people's short videos, such as simply modifying the plot, changing character images, or remaking them, without obtaining permission from the original author, also constitutes infringement. This behavior may infringe upon the original author's rights to adaptation, filming, etc. Even if some creative ideas are added during the adaptation and remake process, as long as the protected expression parts of the original work are used without authorization, there is a legal risk.

3. Using unauthorized materials

Many creators use materials such as music, images, and film clips to improve the quality of short videos. If these materials are not authorized, they may infringe on the copyright of the original author of the materials. For example, using a popular song as background music in a short video without obtaining permission from the music copyright owner would infringe upon the information network dissemination rights of the music work.

4、 Avoiding infringement: substantive innovation plus originality

1. Substantive innovation in content

If you want to draw inspiration from others' creativity, it is essential to engage in substantial innovation. For example, endowing new personality traits in character development, reconstructing the plot, and creating unique visual effects to form new expressions. For example, drawing inspiration from a suspenseful story, but by changing the story background, character relationships, and setting of suspense points, the work presents a completely new look. At the same time, it is necessary to avoid duplicating specific lines and character details (such as specific catchphrases or iconic actions of characters).

2. Utilize technology to achieve originality

In the creative process, unique techniques such as camera manipulation, original music composition, and special effects design are used to enhance the uniqueness of the work. For example, using special transition effects and creating music that fits the theme of the video can increase the originality of the work and reduce the risk of infringement.

Short video creation is full of opportunities and challenges, and understanding and complying with legal regulations is the cornerstone of continuous development for creators. I hope everyone can always maintain legal awareness when creating, freely express their creativity within a legal and compliant framework, and create more excellent short video works.

Industry · New Policies

1. The State Administration for Market Regulation, together with the Cyberspace Administration of China, has studied and drafted the "Measures for the Supervision and Administration of Live E-commerce (Draft for Comments)" (hereinafter referred to as the "Measures (Draft for Comments)") to strengthen the supervision of live e-commerce and safeguard the legitimate rights and interests of consumers and operators.

The "Draft Measures for Soliciting Opinions" clarify the legal responsibilities and obligations of operators of live streaming e-commerce platforms, operators of live streaming rooms, service organizations of live streaming marketing personnel, and live streaming marketing personnel, further strengthen the normalized supervision of live streaming e-commerce, and create a good online trading and consumption environment.

2. The General Office of the State Administration of Radio, Film and Television has issued a notice on soliciting the 2025 standard revision projects for the broadcasting, television, and online audiovisual industry

The State Administration of Radio, Film and Television (SARFT) has launched a solicitation for the revision of standards for the broadcasting, television, and online audiovisual industries in 2025. The solicitation direction is based on the responsibilities and missions of broadcasting, television, and online audiovisual work in the new era, grasping the positioning of the "2-34" work, anchoring the work direction of "consolidating and improving broadcasting and television, innovating and developing online audiovisual, integrating and aggregating to form a joint force", facing the practical needs and long-term development of the industry, carrying out standard research and development in areas such as technology leadership, service innovation, and industry governance, and providing standard support for the high-quality development of the broadcasting, television, and online audiovisual industry. (Source: National Radio and Television Administration)

3. The State Administration for Market Regulation publicly solicits opinions on the "Measures for the Supervision and Administration of Online Trading Platform Rules"

In order to standardize the activities of online trading platform operators in formulating, modifying, and implementing platform rules, maintain online trading order, protect the legitimate rights and interests of platform operators and consumers, and promote the healthy and sustainable development of the platform economy, the State Administration for Market Regulation, together with the Cyberspace Administration of China, has organized the drafting of the "Measures for the Supervision and Administration of Online Trading Platform Rules (Draft for Soliciting Opinions)", which is currently open to the public for comments. The deadline for feedback is July 4, 2025. (Source: State Administration for Market Regulation)

4. Implementation of the Decision of the State Administration of Radio and Television on Amending the Regulations on the Production and Operation Management of Radio and Television Programs

The Decision of the State Administration of Radio and Television on Amending the Regulations on the Production and Operation Management of Radio and Television Programs has been reviewed and approved at the executive meeting of the State Administration of Radio and Television on May 22, 2025, and will come into effect on June 3. The main modifications include: firstly, deleting Chapter Three; 2、 Article 24: Add a paragraph as the second paragraph: "It is not allowed to distribute or broadcast television dramas, animated films, and other radio and television programs produced or distributed by institutions that have not obtained a license for the production and operation of radio and television programs; 3、 Delete Article 25; 4、 Delete the words "and the Television Drama Production License" in Articles 26 and 28; 5、 Delete the words "and the name of the production institution, the title of the drama, and the number of episodes specified in the Television Drama Production License (Type A)" and "Television Drama Production License (Type B)" in Article 27; 6、 Revise the numbering of chapters and articles accordingly. (Source: National Radio and Television Administration)

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Gaopeng Film and Television Media Monthly "is compiled by the film and television culture and media business team of Gaopeng Law Firm, aiming to provide the latest industry policies and hot legal issues for enterprises in the film and television culture and media industry to exchange and answer questions. The Gaopeng Film and Television Culture and Media Business Team has been working in the field of cultural and entertainment law for more than ten years. Some lawyers have worked full-time for listed companies in this industry and are familiar with legal issues in various aspects of the film and television culture and media field. The lawyers of Gaopeng Film and Television Culture and Media Business Team have won high praise from clients for their professional theoretical knowledge, profound legal literacy, and rich professional experience. The team lawyers have always adhered to Gaopeng's firm culture of "integrity and professionalism", and are committed to providing dispute resolution and comprehensive legal services for corporate clients in the cultural and entertainment industry.