Plagiarism is a frequently discussed topic on the home page of social networking sites for designers and original painters. Whenever a plagiarism incident occurs, it is accompanied by the questioning and negation of the plagiarist's personal reputation and works, and the plagiarized uses the public opinion power and legal channels of social networks to protect their rights. Party A who uses plagiarized works faces actual legal risks at this time.
Party A may need to take the works and the goods designed and produced by the works off the shelf, or compensate the original author, and face a lawsuit. But more importantly, for companies focusing on selling ideas and works, the damage to reputation and reputation is far greater than the actual economic loss.
However, for Party A who uses a lot of materials provided by the outsourcing party, how to identify the originality of the materials and avoid the risk of being involved in the storm of plagiarism?
This paper will introduce the plagiarism identification skills in the Japanese secondary original painting materials, analyze specific cases for readers from the definition of plagiarism to the methods of plagiarism, and try to uncover the disguise of plagiarism from the characteristics of plagiarism types.
This paper is divided into:
- Definition of plagiarism
- Plagiarism of the original painting of the second dimension
- Types and judgment skills of plagiarism
- The dispute between plagiarism and excessive reference
- epilogue
Definition of plagiarism
According to the copyright law of the State Copyright Administration of China, plagiarism and plagiarism are the same concept, which refers to stealing other people's works or fragments of works for themselves. A work that belongs to the scope of a work protected by the copyright law, has an original part and can be copied in a tangible form, that is, a protected work.
From the perspective of two-dimensional original painting works, the original unique content or character design in a single work is the object of protection.
The misunderstanding that needs to be clarified is that the color matching of a work, or the painting method of a work (for example, the filter color of the dark part is green, and the filter color of the bright part is orange), or, for example, the multi-color treatment of the boundary between light and shade, cannot be taken as the protected object alone (stress).
From this point, it can be said that the copyright law protects "expression", not "technology".
This also reflects the important principle of "dichotomy of thought expression" in the copyright law. "Dichotomy of thought expression" divides works into thought and expression. Copyright law only protects the original expression of ideas, not the ideas themselves. The abstract parts belonging to thought in the works are separated, and then the same but public domain parts in the two works are filtered out. Finally, the remaining parts of the two works are combined with the requirements of originality to judge whether they constitute substantive similarity.
Substantive similarity is the key to identify infringement.
Plagiarism of the original painting of the second dimension
The problem of plagiarism has existed since ancient times, but the plagiarism dispute about the two-dimensional original painting is accompanied by various mobile games, and the popularity of peripheral products is expanding, which is related to the characteristics of the two-dimensional original painting or the Japanese original painting style itself: digitization of painting, flow of commercial painting and homogenization of painting style.
Most of the two-dimensional original paintings are drawn in the form of digital painting and spread through digital media, which means that such paintings are easy to obtain and easy to copy. As long as you surf the Internet, you can get a lot of Japanese illustrations. Plagiarized original materials are readily available.
Commercial process painting is conducive to the production of a large number of works with unified style and stable quality. However, process painting makes it easy to replace the steps in painting with similar materials. The software and brush used in painting are consistent. Using other people's works to change painting, drawing and collage into their own drawings will not only greatly shorten the painting time, but also be difficult to identify. It is much easier to copy the popular commercial style original painting than to copy the works with personal artistic characteristics.
The Japanese painting style has the characteristics of strong generality. The character's face is summarized as key eyes, extremely simplified nose, simplified mouth and facial muscle structure. In terms of coloring, cellu's painting method is simplified as solid color, dark part, highlight point and so on. When the performance of the structure is greatly simplified, splicing the parts of other people's works directly into their own drawings will not cause obvious structural problems. Sometimes, the turning point is reasonable without considering the direction of light.
However, painting is always a creation with internal unified logic, which will also show the author's potential creative habits. Simple and crude plagiarism works always have logical conflicts in some places, leaving clues to distinguish plagiarism.
Types and judgment skills of plagiarism
Plagiarism infringement is reflected in digital painting to varying degrees. The direct similarity with the copied works is divided into stealing pictures, tracing pictures, changing tracing collages, and controversial excessive reference from strong to weak.
△ this drawing shows the concepts of processing, tracing, partial tracing, copying, reference, etc
1. Theft
- Plagiarism: use other people's works as your own
- Discrimination difficulty: one star
- Identification means: map recognition website, digital document logo
As the simplest and rudimentary act of plagiarism, image theft usually directly saves other people's works from the communication channel and substitutes for others. Some people also save other people's pictures in order to eliminate the digital signs of the pictures and use the software to copy them again. However, image thieves generally do not modify the content of the image. In this case, using the map recognition website, there is a high probability of directly searching for very similar original works. Because plagiarists must have access to the works of stolen pictures, and most of this way in the current network environment is through the original author's personal social networking sites or art work exchange platforms, and most of these sites have been crawled by image search engines for a long time.
Moreover, the providers of stolen pictures are generally unable to provide new creations with the same style and specified proposition, because all the original paintings provided are completely plagiarized from others. In such cases, the creation process diagram or hierarchical file can be broken as long as it is required.
2. Tracing
- Plagiarism: similar to rubbing, tracing can basically restore the frame structure and design ideas of the original drawing, and can be re colored and re created on its basis.
- Identification difficulty: two stars
- Identification means: map recognition website, painting logic
△ original work: the painter Ke TA's Oriental series with others
△ descriptive work: Tu Shanrong (picture source: mengniang Encyclopedia)
Tracing will rub the lines of the original drawing in a large area, and the overall structure of the copied work can be clearly seen as a whole. This kind of work is similar to the original work. For image search websites with fuzzy recognition algorithm, such images can even identify the original work.
The following figure compares the search results of several image search engines for the same image. In fact, as long as similar images are found in the results of a search engine, it is enough to arouse doubts about the originality of the image.
△ comparison of search results of image search engine for the same image
In terms of the work itself, the part of large-area rubbing and the part changed by the plagiarist will be inconsistent in painting logic.
A painting is a unified whole for the original author. Each part of the painting, whether line, structure or color, reflects the original author's own logic. For the part that the plagiarist himself changes, because the plagiarist himself cannot understand the logic of the original author, there will be many disharmony, such as inconsistent perspective, inconsistent line habits, inconsistent stroke, inconsistent light source and so on.
In the example above, Tu Shanrong's face, front hair and hands are depicted. When coloring the garment neckline and cuffs, because there is no reference to the original drawing, the shadow part is very different from other shadows in the picture. The shadow structure of the tracing part is clear and the contrast is obvious. The light direction obviously comes from the petal direction. The parts drawn by the plagiarists, such as white neckline and yellow outer shirt, have very light shadows, can not see the direction of the light source, and are not the kind of hair with excessive CG style painting at the junction of light and shade. When there are different styles and obvious horizontal differences in the same picture, it should arouse suspicion and attention.
Similarly, to identify whether an author's work is suspected of tracing, you can also compare multiple personal works provided by the author at the same time. The level of these works should not fluctuate obviously and follow the same painting logic.
For the original two-dimensional Japanese painting mainly drawing characters, the proportion of facial features of the characters is an obvious part of the author's personal logic.
Although the facial features of Japanese figures are highly summarized, the position of facial features reflects the personal habits of a painter. If a painter habitually draws the eye distance of characters slightly open to reflect the feeling of sprouting, he will also habitually pull the eye distance wider when drawing other characters. For another example, when some painters draw characters, the position of the lower court, that is, the mouth will be slightly higher. As a personal habit, when drawing other characters, the position of the mouth will also be higher. The combination of these facial painting habits will form a painter's character facial painting style. In the personal works of the same painter, this painting style should not fluctuate too much.
△ drawing method of beautiful girls with similar diagrams
After comparison, it can be found that the distance between the eyes of the characters in the left figure is more separated and the court is shorter.
3. Retouching Collage
Plagiarism: Collage the element drawings of other people's works into their own drawings, re color them on the basis of drawings, and even change the design ideas.
Identification difficulty: two to four stars
Identification means: painting detail logic, map recognition website
Compared with large-scale tracing, the retouching collage is more hidden and difficult to find. Nowadays, most of the disputes about plagiarism are such plagiarism. When tracing collage is changed, only a small part of the structure of the original picture will be traced, some of them are original, and there will also be parts of collage of multiple different works. Such a plagiarized work is quite different from the original picture. However, in many cases, the description part is because the plagiarist can't draw this part of the structure and directly steals other people's part in order to save trouble. Therefore, if the plagiarized part reflects the original author's painting logic, it will also be moved to his own drawing by the plagiarist. In particular, the mistakes drawn by the original author under his own logic will also be copied. This is like copying other people's names when copying homework. It is a breakthrough for us to identify plagiarism.
△ left: plagiarism, the role of a warship girl painted in the deep snow; Right: original picture, Japanese cartoon "Baiyu Tuanzi"
It can be seen from the comparison figure that the plagiarist copied the pleated structure of the skirt when copying. However, according to the structure of pleated skirt, the complete transverse pleats folded to the end in the original figure will not appear. If the posture is similar, it may be excessive reference. But not even mistakes.
△ left: vertical drawing of the roles of yin and Yang masters; Right: drawing of kar98k characters in the front line of girls (picture source: 17173)
Yin Yang master's introduction Yanluo copied the German Emperor? Yin Yang master's new God is deeply trapped in the plagiarism door: http://newgame.17173.com/news/01192017/103901451.shtml
The Yinyang teacher Yanluo plagiarism incident, which was debated on the microblog for a while, is a famous example of changing the description. The face and posture dynamics of the initial vertical painting of Yin-Yang division God Yanluo are too similar to the girl's front-line character kar98k. Because the posture of the German Emperor is not an ordinary posture, it is a perspective exaggeration with the personal characteristics of the original painter. Frankly, it is a mistake with the characteristics of the original painter, while yanyanluo's chest perspective is almost the same as that of the German Emperor. This makes people have to question.
Later, yanyanluo's painter released the design process diagram and reference diagram of yanyanluo. Although its nature was not directly changed, it did excessively draw lessons from the characteristics of the German Emperor.
The result of the incident was that yin and Yang master replaced yanyanluo Lihua and the painter issued an apology. However, for a while, the reputation of yin and Yang teachers in the creative group has indeed been greatly affected.
The recently launched "heavenly blessing" is also pushed to the forefront because of the plagiarism of the animation title.
△ the picture above is the opening picture of the animated film "heavenly official blessing", and the picture below is the work of the artist mianlang's three people of swordsman love
As like as two peas in the picture, the posture and momentum of the characters, even the temples, are the same as the paintings of the sleeping wolf. In particular, the trend of hair and the structure of hands are handled with the original painter's own characteristics. Plagiarism and direct copying of these two places are completely evidence of collage and description.
Although the animation official also issued a statement of apology, this plagiarism undoubtedly added a black material to Tianguan, which was already in a dispute over reputation. For a while, the fans of the work were more separated from the ordinary audience, which was very unfavorable to the expansion of the scope of the work.
The dispute between plagiarism and excessive reference
Excessive reference: the work has a familiar feeling of where to see it, but it is not a change of description. It has a certain unique creativity.
Identification difficulty: infinity!
The debate on excessive reference has been going on. From a legal point of view, excessive reference is likely not to constitute infringement. Excessive reference includes color absorption, copying painting style, copying elements, etc. However, the way of color absorption is similar to that of coloring, and the style of copying is similar to that of painting. It is difficult to accurately define the boundary between copying elements and hitting stems.
△ the picture on the left shows a flying crane on the blue route, and the picture on the right shows a hand tour of the immortal mountain of the character of yin and Yang (the dispute over the vertical painting of the blue route: is it plagiarism to learn from the elements)
△ the picture on the left is a tweet of a Japanese painter, and the picture on the right is the skin of Rei's son Lee Enfield (the debate of Rei's painting style Plagiarism: is learning coloring style plagiarism)
How to identify excessive reference is actually not easy. It is obviously inclined to change the description and collage, and directly copy other people's design elements into their own manuscript for copying design. It is not obvious that they have their own painting logic, but copy the overall characteristics of others' paintings into their own paintings. For example, the general color tendency, the level of color strokes, the exaggeration and simplification of structure. More recently, it only refers to a small number of characteristic painting methods in other people's works, expressing its own original content, which does not constitute plagiarism.
When it is very difficult to distinguish, painters who love their feathers will avoid suspicion in order to avoid being involved in the storm of plagiarism. For the design style with other people's characteristics, the character's body style will try to avoid.
In the demand for Japanese business cards, Party A will ask the painter in writing to avoid using similar character designs with special postures, such as JOJO Li. Conservative Party A will want the painter to adopt very ordinary and ordinary character posture.
In today's trend of paying more and more attention to copyright and encouraging and recognizing originality, when Party A wants to use a unique painting style for marketing, it should also pay attention to the degree of imitation. Don't get involved in events that affect reputation because you want to be cheap and fast.
epilogue
The use of materials suspected of plagiarism is not only risky at the legal level, but also necessary for a company that wants to eat the creator's bonus. For the handling of the plagiarism dispute, yin and Yang division chose to withdraw the manuscript and apologize, but the blue route has not responded and has been criticized so far. Due to the different plagiarism objects (the plagiarized German Emperor painter is Samali, a well-known painter of Chinese people, and the plagiarized character immortal mountain has stopped serving its game), the treatment methods chosen by the two companies are also different, but it is obvious that yin and Yang teachers still want to maintain public praise among their fellow creators, so they made a relatively more sincere response. The business strategy of blue route does not pay attention to the same person ecology outside the game, so it does not pay so much attention to plagiarism disputes.
It can be seen that when a company wants to get dividends from the creator ecology outside the product, it needs to improve the risk aversion level of plagiarism disputes.
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