Hotspots · Analysis

Watch and clock in carefully, don't let the "screen camera" step on the red line

The 2025 Chinese New Year holiday season is already full of enthusiasm, with multiple films such as Zootopia 2 and Avatar 3 making major appearances and sparking a viewing frenzy, adding a splash to the year-end screen market. While igniting the enthusiasm of the public for watching movies, the issue of cinema piracy and the dissemination of pirated materials on social media platforms has once again become a focus of industry attention. Nowadays, "movie check-in" has become a routine operation for many viewers: some viewers choose to shoot ticket stubs, cinema posters, and match the venue environment to post social updates, while others directly record movie "famous scenes" clips and share them online. Although these two forms of "check-in" are similar, their legal nature is fundamentally different - the former is generally within the legal scope, while the latter may cross the legal red line of copyright infringement, and those with serious circumstances may even face criminal prosecution.

This article will combine relevant laws and regulations such as the Copyright Law of the People's Republic of China (hereinafter referred to as the "Copyright Law") and the Law of the People's Republic of China on the Promotion of the Film Industry (hereinafter referred to as the "Film Industry Promotion Law") to clarify the legal boundaries of film viewing and shooting behavior, and clarify the infringement risks and legal responsibilities behind various behaviors.

Core clarification: Use determines boundaries, objects distinguish risks

The so-called "screen camera", as the name suggests, refers to the act of shooting and recording the film images on the screen using electronic devices such as mobile phones during movie watching in the cinema. The "screen camera" in cinemas essentially involves copyright exclusive rights such as copying, recording, and information network dissemination. Recording and broadcasting without the permission of the rights holder is explicitly prohibited by law, and uploading and disseminating may constitute infringement of information network dissemination rights; Individual static images may only fall into the category of fair use if they are appropriately quoted for the purpose of introducing or commenting on the work, and do not affect the normal use of the work or unreasonably harm the interests of the rights holder. Overall, "screen photography" may involve potential administrative and civil risks, and in serious cases, may also trigger criminal risks.

The core of determining whether the act of watching and filming constitutes infringement lies in whether the act falls within the scope of "reasonable use" as stipulated in the Copyright Law. Article 24 of the Copyright Law clarifies the core elements of "reasonable use": works can be used without permission or payment from the copyright owner, but must meet specific purposes such as "for personal learning, research, or appreciation", and the author's name or the name of the work should be specified. It must not affect the normal use of the work and must not reasonably damage the legitimate rights and interests of the copyright owner.

As a typical audiovisual work, the copyright owner of movies enjoys exclusive rights such as reproduction rights and information network dissemination rights in accordance with the law. Whether fixing the film frame in the form of photography or capturing video clips, as long as it exceeds the scope of "reasonable use" and infringes on the exclusive rights of the copyright owner, it may constitute infringement. In addition, Article 31 of the Law on the Promotion of the Film Industry also clearly stipulates that "no one shall make audio or video recordings of a film being screened without the permission of the rights holder". This provision effectively connects with the principle of "reasonable use" in the Copyright Law and jointly sets the legal bottom line for viewing and filming behavior.

Scenario 1: Shooting ticket stubs/cinema venues/promotional posters and distributing them - in principle, it is a reasonable use and does not constitute infringement.

In daily life, if only shooting movie ticket stubs, public places in cinemas (such as corridors, ticket gates, etc.), or official promotional posters, and posting them on social media platforms such as Moments with personal viewing experiences, whether in the form of taking photos or splicing venues and posters in short videos, it generally does not constitute copyright infringement.

From a legal logic perspective, such behavior meets the constituent elements of "reasonable use": firstly, the purpose is for personal social sharing, without profit-making attributes, and in some scenarios, it can actually play an auxiliary promotional role for the film; Secondly, the filming subject is not the core content of the film (i.e. the main screen of the film being screened), the ticket stub is the viewing voucher, the poster is the promotional material actively released by the film company, and the cinema venue is a public open space. Such filming will not form a "market substitution" for the film itself; Thirdly, this behavior does not harm the legitimate rights and interests of the copyright owner, but may expand the scope of film dissemination, which does not conflict with the core intention of copyright protection.

It should be noted that if such shooting materials are used for commercial purposes, such as implanting commercial advertisements, producing peripheral products for sale, etc., even if the shooting object is ticket stubs or posters, it may infringe on the trademark rights, copyright and other rights of the film producer, and corresponding legal responsibilities shall be borne. At the same time, during the filming process, it is not allowed to interfere with other viewers' viewing or the normal operation of the cinema.

Scenario 2: Shooting film footage/clips, even recording "gun version" movies - easily beyond the scope of fair use and deemed as infringement.

Unlike legal check-in behaviors such as shooting ticket stubs and posters, if the act of "shooting the core content of a film being screened" is carried out, whether it is recording short videos (intercepting plot segments) for external release and dissemination, or further recording complete "gun version" films for dissemination or profit, it is suspected of violating Article 31 of the Film Industry Promotion Law, clearly exceeding the scope of "reasonable use" stipulated in the Copyright Law, and directly infringing on the core rights of the copyright owner.

In practice, although there is some controversy over the use of photography to fix key plot scenes and publish and disseminate them to the public, it still needs to be comprehensively evaluated based on factors such as shooting purposes and dissemination scope.

Risk Warning for Ordinary Audiences

In daily movie watching, many viewers are accustomed to behaviors such as "screen shooting famous scenes" and "taking photos to check in and share", which may seem like small personal mementos or social sharing, but in fact may touch the legal red line of copyright infringement. Even if the perpetrator does not seek profit, excessive filming of key plot points, complete clips, or widespread dissemination of related images through social media platforms may still constitute infringement of the rights holder's reproduction rights, information network dissemination rights, and other rights, and thus bear corresponding civil liability. Based on this, ordinary viewers need to clarify the legal boundaries of their viewing behavior and avoid legal disputes due to unintentional actions. Specific attention can be paid to the following aspects:

1. Logic of infringement of rights

Shooting film images or clips is essentially the act of "copying" a film work. In addition to complying with legal reasons such as fair use and statutory permission, the act of copying without the permission of the copyright owner itself constitutes an infringement of their reproduction rights. If the shooting content is posted on social media platforms such as WeChat Moments and Weibo, it will further infringe on the copyright owner's right of information network dissemination. It should be clarified that even if the footage is only for personal enjoyment but not disseminated, if the content exceeds the reasonable use boundary, although the infringement has minimal impact and is less likely to be held accountable, the fact of infringement of rights has already been established. Once it is disseminated to the outside world, regardless of its scope, it may trigger liability for infringing on the legitimate rights and interests of copyright owners.

2. Liability for infringement

According to Articles 52 and 54 of the Copyright Law, such infringement shall bear civil liabilities such as cessation of infringement (such as deletion of infringing content), elimination of impact, apology, and compensation for losses. Among them, when determining the amount of compensation, priority should be given to calculating based on the actual losses of the rights holder or the illegal gains of the infringer; For actual losses that are difficult to calculate, refer to the calculation of right usage fees; If none of the above can be determined, the court will determine a statutory compensation of no less than 500 yuan and no more than 5 million yuan based on the scope of dissemination (such as social media interaction), the impact on the film's box office, the degree of subjective fault of the perpetrator, and other infringing circumstances.

Special reminder: If such behavior is carried out for profit (such as selling "gun version" movies, profiting from posting clips with tipping links, etc.), or if the dissemination scope causes serious losses, in addition to civil liability, it may also face administrative penalties such as confiscation of illegal gains, fines, and even criminal liability in accordance with the law.

In addition, from the perspective of cinema management, the prohibition of filming and the requirement to delete relevant content by cinemas is based on the legal authorization of Article 31 of the Film Industry Promotion Law, aimed at giving cinema management practical management measures to maintain the order of screening and the interests of rights holders. Of course, even if such behavior is not discovered by the cinema, the copyright owner can still claim their rights through civil litigation.

3. Difficulty in applying the defense of "reasonable use"

Although such filming activities may be for personal sharing purposes, if the subject of the film is the core content of the movie and reaches a certain length or completeness, it is highly likely to form a market substitute after dissemination, such as friends giving up ticket purchases to watch the movie after watching the clip, which goes beyond the "reasonable use" boundary stipulated in Article 24 of the Copyright Law, damages the legitimate rights of the copyright owner, and also harms the core interests of the cinema such as box office revenue. It is particularly important to note that even if the footage is shot for personal learning and appreciation purposes, if it is subsequently disseminated to the public, the purpose of use may change from "personal use" to "public provision of works", and it no longer meets the legal conditions for fair use, the right to defend against "fair use" will be lost.

summary

The concentrated release of New Year's films in 2025 allows audiences to immerse themselves in the cultural feast of film and television. Respecting innovation and protecting copyright is an important foundation for the sustainable continuation of this audio-visual experience. From the perspective of industry development laws, effective protection of film and television copyright is not only a recognition of the intellectual achievements of creators, but also a core driving force for encouraging the continuous production of high-quality content. For the audience, only by staying away from infringement such as illegal filming and spreading piracy can the film and television industry accumulate creative vitality in a healthy and orderly environment, ultimately benefiting every film and television culture enthusiast and achieving a mutually beneficial relationship between industry development and audience experience.

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Copyright Law of the People's Republic of China

Article 24: In the following circumstances, the use of a work may be made without the permission of the copyright owner or payment of remuneration, but the author's name or title, the name of the work, and the normal use of the work shall not be affected, and the legitimate rights and interests of the copyright owner shall not be reasonably harmed:

（1） Using published works of others for personal learning, research, or appreciation;

（2） To introduce or comment on a certain work or explain a certain issue, appropriately cite other people's published works in the work;

（3） To report news, it is inevitable to reproduce or cite published works in newspapers, magazines, radio stations, television stations and other media;

（4） Newspapers, magazines, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic, religious issues that have already been published in other newspapers, magazines, radio stations, television stations and other media, except for those that the copyright owner declares not to publish or broadcast;

（5） Newspapers, magazines, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, except for those where the author declares that they are not allowed to be published or broadcast;

（6） Translate, adapt, compile, play or reproduce published works in small quantities for the purpose of classroom teaching or scientific research in schools, but not for publication and distribution;

（7） State organs use published works within a reasonable scope to carry out their official duties;

（8） For the purpose of displaying or preserving versions, libraries, archives, memorial halls, museums, art galleries, cultural centers, etc. may reproduce works collected in their own libraries;

（9） Free performance of published works, without charging fees to the public or paying remuneration to performers, and not for profit;

（10） Copying, painting, photography, and video recording of art works set up or displayed in public places;

（11） Translate works created in the national common language and script by Chinese citizens, legal persons, or unincorporated organizations into minority language and script works for publication and distribution in China;

（12） Provide published works to individuals with reading disabilities in an accessible manner that they can perceive;

（13） Other circumstances stipulated by laws and administrative regulations.

The preceding provisions apply to restrictions on rights related to copyright.

Law of the People's Republic of China on the Promotion of the Film Industry

Article 31: Without the permission of the rights holder, no one shall make audio or video recordings of a movie being screened. If audio or video recording is found, cinema staff have the right to stop it and require it to be deleted; Those who refuse to listen have the right to demand that they leave.

Industry · New Policies

On December 10, 2025, nine departments including the State Administration for Market Regulation, the Cyberspace Administration of China, and the National Development and Reform Commission jointly issued the "Guiding Opinions on Improving the Quality of Online Trading Platform Products and Services".

The Opinion proposes to significantly improve the quality of platform products and services by 2030, with a focus on promoting online sales of products with the same standards and quality, improving online service quality management rules, cultivating high-quality online business entities, consolidating the quality management responsibilities of platforms and operators, strengthening the quality management of live streaming e-commerce, addressing issues such as mismatched products, false advertising, and illegal pricing. Strengthen product digital passports, full chain quality supervision, intelligent supervision, and cross regional law enforcement cooperation. Require the platform to publicly disclose licenses and rules, optimize after-sales service and consumer rights protection mechanisms.

On December 12, 2025, the State Administration for Market Regulation issued a notice on soliciting opinions on the draft of the "Guidelines for Enforcement of Advertising Citation Content", and the deadline for feedback is January 12, 2026.

The "Guidelines" consist of 22 articles, which clarify that advertising citations should be truthful, accurate, and legal, and advertisers are responsible for the authenticity of the content. Quoting experimental, statistical, and survey data requires legal qualifications, and the source, scope of application, and validity period must be clearly labeled. It is prohibited to use misleading propaganda such as "first place" in segmented fields, and it is strictly forbidden to fabricate, forge or unverifiable data.

On December 3, 2025, the Cyberspace Administration of China released the interim results of the "Clear and Rectify the Chaos of Online Live Streaming Rewards" special action.

The special action focuses on issues such as vulgar group broadcasting enticing tipping, false persona enticing tipping, inducing minors to give tips, and stimulating users to give irrational tips. A total of more than 73000 illegal live streaming rooms and 24000 accounts have been dealt with. Each platform improved the reward rules: Tiktok strengthened the management of group broadcast content, Kwai and Douyu refined the live broadcast review standards, Tencent upgraded the identification model of vulgar behavior, Momo optimized the ranking rules of the list, Yingke lowered the upper limit of reward amount, Xiuse set a "cool period" for reward, and Xiaohongshu and Huajiao improved the reward reminder function. The Cyberspace Administration of China will continue to urge platforms to fulfill their main responsibilities, severely punish platforms that fail to fulfill their responsibilities in accordance with the law, and promote the construction of long-term governance mechanisms.

On November 28, 2025, the State Administration for Market Regulation released the fourth batch of typical cases in the field of live streaming e-commerce, involving market regulatory departments in Shanxi, Guangdong, Shandong, Sichuan, Zhejiang, Chongqing, Shanghai and other places.

The key points of this typical case include: live streaming platforms and merchants being fined for false advertising and price fraud; The platform has been punished for failing to fulfill its obligations of qualification review and security protection; Illegal advertisements for live streaming of health food products have been investigated and dealt with; Being fined for assisting others in false advertising by inflating fan data; Counterfeiting registered trademarks and illegal activities related to product quality have been investigated and dealt with; Being punished for facilitating the sale of counterfeit goods through live streaming traffic; False promotion of health food targeting the elderly population has been investigated. All cases have been subject to administrative penalties in accordance with relevant laws and regulations, and compliance supervision in the field of live streaming e-commerce has been strengthened.