Who says "The Bottom Line" has no bottom line? Does "real person adaptation" require authorization?

2022 10/12

Signing a buyout agreement or authorization agreement with a real person before film and television creation, specifying the specific content of the event purchase or authorization method, authorization type, scope of use of rights, duration, sublicense, and derivative products, can effectively prevent legal risks of infringement. Although "real person" does not enjoy copyright in "real matter", both parties have obtained corresponding rights and assumed corresponding obligations based on the contract agreement by signing a "real person and real matter" purchase agreement or authorization agreement.


Industry · New Deal


Notice of the Ministry of Culture and Tourism on Regulating the Business Activities of Online Performance Dramas (Festivals) and Promoting the Healthy and Orderly Development of the Industry (Draft for Comments)


On September 21, 2022, the Ministry of Culture and Tourism issued a public notice seeking comments on the "Notice of the Ministry of Culture and Tourism on Regulating the Business Activities of Online Performance Dramas (Festivals) and Promoting the Healthy and Orderly Development of the Industry (Draft for Comments)", which includes six parts. The first is to clarify the concept of online performance dramas (festivals), as well as the conceptual boundary with online live streaming of commercial performances. Second, it is required to obtain a network culture business license for operating online performance dramas (festivals). The third is to propose management requirements for imported and domestic online performance dramas (festivals). Fourth, put forward specific requirements for the content management of online performance dramas (festivals). The fifth is to require local cultural and tourism administrative departments to strengthen industry management and urge enterprises to implement their main responsibilities. Sixth, encourage industrial innovation and development, and require industry organizations to carry out theoretical research and industry self-discipline.


"Notice on the Use of Uniform Marks for the Titles of Domestic TV Dramas"


On September 21, 2022, the State Administration of Radio and Television (SARFT) issued the "Notice on the Use of the Unified Logo for the Titles of Domestic TV Dramas", deciding to use the unified logo for the titles of domestic TV dramas as of September 21, 2022. When issuing licenses for domestically produced TV dramas that have passed the review, each licensing authority shall simultaneously issue a unified title label for domestically produced TV dramas to guide TV drama production agencies in downloading and using them. When broadcasting domestic TV dramas, it is necessary to use a unified title label, accurately mark the distribution license number of domestic TV dramas, and place it in front of the title of each episode of TV dramas for display. Each broadcasting institution must ensure complete and standardized use.


"Specification for Content Identification and Labelling of Broadcast Television and Online Audiovisual Programs"


The State Administration of Radio and Television has issued three standard documents, namely, the "Specification for Content Identification and Labeling of Radio, Television, and Online Audiovisual Programs", the "Technical Specification for the Instant Transmission of Television Broadcast Program Information", and the "Stereo and Surround Sound Audio Test Sequence", which have been approved as the recommended industry standard for radio, television, and online audiovisual programs of the People's Republic of China.