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Back台北地檢署認定「萊爾校長」影片不構成抄襲 韋淳祐、楊智伃獲不起訴
台北地檢署認定「萊爾校長」影片不構成抄襲 韋淳祐、楊智伃獲不起訴
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自由时报15 hours agoLaw1 min readChinaView translation

台北地檢署認定「萊爾校長」影片不構成抄襲 韋淳祐、楊智伃獲不起訴

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台北地檢署調查後認為,國民黨新媒體部推出的「萊爾校長」宣傳劇與影集「零日攻擊」前導預告片在創作核心訴求上不同,爭議畫面不構成改作或抄襲,認定被告韋淳祐、楊智伃及國民黨罪嫌不足,予以不起訴處分。

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Why It Matters

國民黨新媒體部在大罷免期間推出政治諷刺影片「萊爾校長」,被指抄襲影集「零日攻擊」預告片中的芒草畫面,導致著作權告訴。

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台北地檢署調查後認為,兩者創作核心訴求不同,且爭議的畫面並不構成改作,認定罪嫌不足,予以被告不起訴處分。(記者吳昇儒攝)

國民黨新媒體部於大罷免期間推出「萊爾校長」宣傳劇,其中幾段影像,被影集「零日攻擊」製作團隊認定抄襲,提出侵權告訴。台北地檢署調查後認為,兩者創作核心訴求不同,且爭議的畫面並不構成改作,認定罪嫌不足,予以國民黨及新媒體部前主任韋淳祐、前發言人楊智伃不起訴處分。

零日攻擊製作團隊與編劇鄭心媚指控,國民黨發表的「萊爾校長」影片中,有多處畫面涉嫌改作或抄襲零日攻擊前導預告片,其中包含「芒草畫面」。因此向警方檢舉,並對國民黨、前新媒體部主任韋淳祐、前發言人楊智伃,提出違反著作權法告訴。

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韋淳祐與楊智伃應訊時則稱,影片中的腳本是兩人共同腦力激盪而來,主要針對執政黨施政與假新聞議題進行創作,採取詼諧政治諷刺手法,而告訴人所稱芒草景象更是利用AI技術生成,兩者色調與情境完全不同。

檢察官勘驗雙方影片,並針對告訴人提出的抄襲爭議處細部比對,發現有多處不同,認為影片是屬於國民黨團隊自行拍攝、剪輯、錄音與構思畫面。

檢察官調查後認為,兩者拍攝影片的主旨與背景迥異,認定被告犯罪嫌疑不足,予以不起訴處分。

Open Questions

  • 是否會有民事訴訟繼續進行?
  • 零日攻擊團隊是否會上訴或提出其他法律行動?

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