Corporation and Investment, Civil and Commercial Dispute Resolution, Media Entertainment and Sport,
Ms. Peng Meiyang specializes in corporate and investment, media, education, sports and cultural industries, large-scale retail, litigation and commercial arbitration, labor and personnel and other fields.
Since practicing law in 2002, he has provided legal services for many enterprises, involving film and television production, culture and entertainment, publishing and distribution, tobacco, commercial retail, pharmaceutical experimentation, energy and chemical industry, real estate, finance and many other industries and fields. Represented and participated in a number of litigation/arbitration cases involving intellectual property, commercial contracts, labor and personnel, etc.
Ms. Peng Meiyang joined Beijing Gaopeng Law Firm in 2014.
Before joining Gao Peng, he worked as a senior lawyer at Beijing Lifang Law Firm and Beijing Putiancheng/Hanzhou Law Firm.
Master of Civil and Commercial Law, China University of Political Science and Law
Specially invited mediator of Beijing Haidian District People's Court
Shanghai Langshi Investment Management Center (Limited Partnership) applied for arbitration of Beijing Xinhua FTSE Asset Management Co., Ltd. due to a dispute over a consulting service agreement
Beijing Zhide Culture Media Co., Ltd. v. Beijing Gurun Health Management Co., Ltd. contract dispute litigation case
Labor arbitration case between Zhang and China National Tobacco Investment Management Corporation
Yichun Hongqishan Mining Co., Ltd. and Yichun Zhongbing Mining Co., Ltd., Xunke Shenghui Mining Co., Ltd., Yichun Hengyuan Trading Co., Ltd., Yichunchenneng Mining Co., Ltd., Heilongjiang Tairui Holding Group Co., Ltd., Hengyang North Optoelectronic Information Technology Co., Ltd. mining right transfer contract dispute case
Individual divorce disputes, personal inheritance disputes, personal arrears disputes, personal reputation rights infringement disputes, personal traffic accidents, personal labor disputes, personal housing lease disputes and other cases.
GUJARAT FLUOROCHEMICALS LIMITED (INDIA) Invested in the equity acquisition project of Xuancheng Hengyuan Chemical Technology Co., Ltd
Hangzhou Heda High-tech Development Group Co., Ltd. invested in the equity acquisition project of Zhejiang Maoyu Medical Equipment Co., Ltd
Xuancheng Kedik Technology Co., Ltd. and Xuancheng Hengtai Electronic Chemical Materials Co., Ltd. jointly develop chemical land projects
Development project of biomedical science and technology park of Hangzhou Maoyu Electronic Chemical Co., Ltd
Zhejiang Pengyou Chemical Co., Ltd. asset transfer project
Xuancheng Hengtai Chemical Technology Co., Ltd. cooperated with Hangzhou Dongwang Engineering Management Consulting Co., Ltd. to develop chemical product projects
Yingpeng Chemical Co., Ltd. invested in the establishment of Yantang Biotechnology (Hangzhou) Co., Ltd. project
Jixi County Jingjin Mining Co., Ltd. mineral resources acquisition project
Beijing PATEO Investment Co., Ltd. invested in the equity acquisition project of Henan Kezhong Industrial Co., Ltd
Jardine Matheson Cloud (Beijing) Technology Co., Ltd. equity acquisition and repurchase project
Shandong Hengze Agricultural Co., Ltd. acquired the new third board project of Shandong Yishun Information Technology Co., Ltd
CLF III HK 8 Limited (Hong Kong) invested in the equity acquisition project of Jinhua Pupeng Supply Chain Management Co., Ltd
Beijing Jinrun Guangyuan Asset Management Center (General Partnership) private equity fund project
Provide perennial legal services for Yantang Biotechnology (Hangzhou) Co., Ltd., Zhejiang Maoyu Medical Equipment Co., Ltd. and other biomedicines.
Provide legal services for various commercial and operational matters such as joint venture factories, drug development cooperation, biomedical science and technology park project development, patent and technology secret transfer, etc
It has provided perennial legal services for energy and chemical enterprises such as Yingpeng Chemical Co., Ltd., Xuancheng Hengtai Chemical Technology Co., Ltd., Huichang County Changpeng Mining Co., Ltd., Yingxian Zhongantong Natural Gas Co., Ltd., Golden Chain Renewable Resources Industry Digital Platform, Hangzhou Maoyu Electronic Chemical Co., Ltd. and other energy and chemical enterprises.
Providing legal advice on various commercial and operational matters such as mineral purchase and mining, joint venture factories, soil consumption, chemical environmental protection, energy production and sales, renewable resources procurement, transportation and sales, pharmaceutical research and development, etc.; Participate in project negotiations; Drafting, revising and reviewing contracts and other relevant legal documents and regulations.
He has been providing legal counsel to NWDS Group for 8 years, providing long-term and daily legal services in commercial retail, corporate compliance, equity incentives, labor/labor disputes, corporate investment and mergers and acquisitions, due diligence, intellectual property, anti-unfair competition, and data collection policies, and has profound legal skills and sufficient practical experience in this field.
He has represented or handled many anti-counterfeiting lawsuits, customer personal injury disputes, labor arbitration/litigation, lease contract disputes, intellectual property disputes, joint venture contract disputes, commercial contract disputes and other various cases for dozens of New World Department Store and Huatang Shopping Mall.
It has provided perennial legal services for many film and television cultural and sports units such as Shanghai Film and Television Media Co., Ltd., Shanghai Shanghai Shangxia Culture Development Co., Ltd., Zhejiang Fengyi Film Co., Ltd., Khorgos Fengyi Film Co., Ltd., Leyu Interactive (Beijing) Cultural Communication Co., Ltd., Beijing Dahan Tianxia Media Co., Ltd., Beijing Zhide Culture Media Co., Ltd., Sports Lottery Management Center of the State General Administration of Sports, and Artists' Individual Studios.
Provided legal advice for film and television dramas such as "The Great Master", "The Earth is Red", "Sky Blue Parallel Lost", "Rose Knight", "Water Moon Mirror Flower", "Painting Rivers and Lakes", "Anle Chuan", "Acacia Ling" and other film and television dramas, as well as TV programs such as "Health to Home" and "I Want to Be a Doctor" and other aspects of the preparation, production, publicity and broadcast; Design and demonstration of legal solutions; Drafting, revising and reviewing contracts and other relevant legal documents.
"Screenwriter's Signature Causes Heated Discussion, How to Attribute the Screenwriter to Be Reasonable and Legal" was published in the Legal Network Electronic News
Participated in the compilation of the Beijing Culture and Entertainment Law Society's "Annual Report on the Development of the Rule of Law in China's Film and Television Industry 2022"
- Chinese
- English
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2024 09/25
Do cartoon characters belong to portraits? Viewing Jia Ling's Portrait, Winning Rights Protection and Receiving Compensation
Do cartoon characters belong to portraits? Viewing Jia Ling's Portrait, Winning Rights Protection and Receiving Compensation
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2024 09/02
The legal thinking behind Zheng Qinwen's explosive rise to fame
At the tennis court of the 2024 Paris Olympics, Zheng Qinwen made a strong debut with outstanding performance and became the focus of attention. Her success not only showcases the charm of sports competition, but also brings enormous commercial value.
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2024 07/17
The peripheral products of popular movie IPs continue to go viral, revealing the licensing secrets behind film and television derivatives
From the explosive sales of derivative products such as "China's Bizarre Tales" and "Deep Sea", to the crowdfunding of over 100 million yuan around "Wandering Earth 2", and then to the massive sales of 30 million yuan around TV dramas "Long Moon Ashes" and "Lotus Tower", in recent years, film and television derivative products have frequently become popular and continue to be hot. Especially Tencent's "Grass Field Mall", Alibaba's "Produce New Products", Youku's "Youku Buy", iQiyi's "Member Selection" and other platforms focus on selling film and television derivatives, and sales are also increasing day by day. Many people have turned their attention to the development of film and television derivatives. So can film and television derivatives be developed if you want to? What kind of authorization is needed?
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2024 07/03
The Power of Film and Television Music: Legal Exploration from Creation to Authorization
Although film and television music and songs account for a relatively small proportion of film and television drama creation, and the expenses are relatively low compared to the total cost, it cannot be denied that film and television music and songs play a huge role in setting the atmosphere, promoting the story plot, portraying character images, and mobilizing audience emotions. Excellent film and television music works, such as "Frozen Eyebrow" in "Dream of the Red Chamber", "City of the Sky" in "City of the Sky", "Big Fish" in "Big Fish and Begonia", "Cage" in "Disappearing She", etc., can not only summarize the plot, establish the emotional tone of film and television dramas, make them more infectious, but also leave a deep impression on people and leave a lasting aftertaste.
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2024 06/19
1.8 billion views are accused of lacking broadcasting qualifications, causing controversy over short videos or micro dramas
The sky high concert ticket costs 280 yuan, causing consumers to have a nightmare of ticket refunds
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2024 05/14
Internet service providers assisting in uploading popular programs constitutes infringement
Internet service providers assisting in uploading popular programs constitutes infringement
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2024 02/05
The Crime of Copyright Infringement by the "Renren Film and Television Subtitle Group"
Recently, the website of the Supreme People's Court has released a number of typical cases of film intellectual property protection, including criminal cases and civil cases, involving the theft and dissemination of cinema films, protection of the integrity of works, adaptation rights, information network dissemination rights, fair use of copyrights, and protection of commercial secrets. The second case, Liang Mouping's infringement of copyright crime case [Shanghai Third Intermediate People's Court (2021) Hu 03 Xing Chu 101 Criminal Judgment], is a well-known copyright infringement case in the industry by the "Renren Film and Television Subtitle Group".
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2024 01/19
Is the content generated by artificial intelligence protected by copyright law?
Is the content generated by artificial intelligence protected by copyright law?
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2023 12/20
Searching for "Lost" Children's Rhymes in Intellectual Property Protection
On November 26, 2023, the Phoenix Network Action Alliance 2023 Public Welfare Awards Ceremony was held in Beijing, and the twelve major public welfare awards of the year were announced. Among them, the "Search for Rumors Plan" won the "Top Ten Public Welfare Creativity Awards of the Year". The "Search for Folk Songs Plan" is a public art project initiated by musician Xiaohe in 2018. Over the course of five years, from urban to rural areas, it has traveled through multiple places, visited over 1000 elderly people, and collected over 600 samples of folk music. The aim is to find old nursery rhymes and make them sound new in modern times.
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2023 12/05
"Is this melon ripe?" The first national case of film and television drama dialogue voice rights has been sentenced
"Is this melon ripe?" - The verdict of the first national film and television drama dialogue voice rights case
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2023 11/07
Zheng was sentenced to 60 million yuan in compensation for not being able to air his participation in a TV drama
Zheng was sentenced to 60 million yuan in compensation for not being able to air his participation in a TV drama
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2023 10/30
Is it necessary for online games to have a storyline in order to constitute audiovisual works under the Copyright Law?
Is it necessary for online games to have a storyline in order to constitute audiovisual works under the Copyright Law?
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2023 09/22
Can a TV drama be broadcasted once it's filmed? It's not that simple!
In recent years, the domestic film and television industry has flourished, with tens of thousands of TV dramas (including online dramas) being brought onto TV screens and computer phone screens every year. Almost everyone in China, with over a billion viewers, follows dramas and can discover new ones every day. In the eyes of many people, it is not difficult to shoot TV dramas. Many 40 episode TV dramas can be completed in just six months, with only a few wealthy people. But the fact is not that. There is a saying in the film and television industry that goes like a tongue twister, "With ideas, one cannot necessarily film, one cannot film, one cannot film, one cannot film, one cannot release, and one cannot release..." A TV series, from filming to broadcasting, is equivalent to passing the five hurdles and six obstacles in China's current administrative licensing and review process
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2023 08/17
On the Responsibility of Network Service Providers
Recently, the National Internet Information Office released the "Regulations on the Governance of Cyber Violence Information (Draft for Soliciting Opinions)", which is open to public consultation. Although this regulation has not been promulgated and implemented, it can be seen from the content of the solicitation draft that network service providers should bear "management responsibility".
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2023 07/01
Punished for not indicating "advertising" on the additional shopping link of Da Ren Zhan Store
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2023 05/04
Tiktok won the first case of unfair competition dispute over short video platform data collection
Nowadays, short videos have become the mainstream mode of communication in the new media era, and "brushing short videos" during break time has also become a choice for many people in their daily lives. Friends who like to browse short videos may find that some short video platforms have a large amount of duplicate content with other short video platforms, does it constitute infringement? As we all know, original short videos, as audiovisual works, are protected by copyright law. Using short videos without authorization from the copyright owner (short video author) violates the copyright of the short video author. So, does the large-scale display and dissemination of short videos from other short video platforms infringe on the legitimate rights and interests of short video platforms?
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2023 04/23
Can the celebrity spokesperson terminate the contract due to the brand's "explosive thunder"?
Recently, it has been exposed in the entertainment industry that the actress "85 Flowers", Ying Er, is suspected to have overturned her car. After a certain home brand she endorses received a deposit from consumers, she left the building empty and had no further information. Hou Yinger Studio issued a statement in response, stating that Yinger has not endorsed the home furnishing brand, but has been invited to participate in the event, and the related event has not yet been held. The studio has decided to terminate the event.
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2023 02/22
The legal relationship between the network anchor and the "signing platform"
In recent years, the online live streaming industry has developed rapidly, with the number of live streaming platforms, online anchors, and viewers showing a blowout growth. What legal relationships exist between individual anchors and the platforms they sign up for have also attracted increasing attention.
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2022 11/24
Whether the "extended filming" of adapted film and television dramas infringes the copyright
As everyone knows, if a film and television company wants to adapt a literary work into a film and television drama, it needs to obtain the authorization of the copyright owner of the literary work, which is called "film and television adaptation rights" in the industry. However, if the license period for film and television adaptation rights has expired or is about to expire, and the film and television company as the licensee is still in the process of script adaptation and creation, or has just started shooting work, and cannot complete the film and television production work before the expiration of the license period, will the licensee continue to engage in film and television production after the expiration of the license period constitute an infringement?
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2022 08/29
Investment Model and Legal Risk Analysis of Film and Television Projects
For example, in the (2017) Hu 0110 Min Chu Case No. 5113, the court held that although the "Contract for the Joint Production of the 30-episode TV Series
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2022 07/20
"Tan Tan Traffic" Off the Shelf Entire Network Triggers a Copyright Dispute
Recently, topics such as "Tan Tan's traffic has been completely removed from the shelves", "Tan Qiao's claim that he may face tens of millions of claims", and others have successively appeared on the hot search, triggering various heated discussions among netizens.
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2022 07/15
How to provide legal services for compliance training for film, television, cultural and entertainment enterprises?
Compliance legal services refer to the consulting services provided by lawyers to help enterprises prevent, identify, evaluate, report, and respond to compliance risks based on their understanding of relevant domestic and foreign laws and regulations, international organization rules, regulatory regulations, compliance requirements, business practices, and ethical norms in the industry and business field of the enterprise, as well as the articles of association and rules and regulations formulated by the enterprise in accordance with the law Special legal services and advisory services such as agency.
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2022 07/07
How can lawyers provide legal services for the construction of compliance management systems for film, television, cultural and entertainment enterprises?
Compliance legal services refer to the consulting services provided by lawyers to help enterprises prevent, identify, evaluate, report, and respond to compliance risks based on their understanding of relevant domestic and foreign laws and regulations, international organization rules, regulatory regulations, compliance requirements, business practices, and ethical norms in the industry and business field of the enterprise, as well as the articles of association and rules and regulations formulated by the enterprise in accordance with the law Special legal services and advisory services such as agency.
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2022 07/04
How to provide legal services for compliance management of business partners for film, television, cultural and entertainment enterprises?
Business partner management refers to the legal services provided to standardize and promote the compliance operation of business partners of customers in accordance with their compliance policies. In the context of global compliance, as an extension of business activities, business partners' violations often affect the enterprise itself. Enterprises that neglect compliance management of business partners often bear management responsibilities and business reputation losses. Therefore, larger enterprises or influential enterprises in the industrial chain often extend their compliance policies to business partner management.
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2022 07/01
Things about "short videos"
With the rapid development of the short video industry, cases involving short video copyright are also increasing year by year. According to the number of cases reported in the "News Briefing on the Trial of Short Video Copyright Cases" released by the Beijing Internet Court in April 2022, the number of cases involving short video copyright has great potential for growth and significant growth. In this monthly report, we will focus on "short videos".
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2022 06/23
How to resolve conflicts between minors' privacy rights and parental custody rights when bear children are studying at home
Due to new changes in the Beijing epidemic, the original date for the opening of primary and secondary schools on June 13, 2022 has been postponed indefinitely, once again challenging the fragile nerves of parents. Because all this means that the divine beasts still have to take online classes at home! It is believed that many parents of adolescent children have encountered such problems. Children sometimes surf the Internet, chat with others, watch anime, or chase celebrities during their online classes... When you can't bear it anymore and decide to check or confiscate their child's mobile phone or iPad, the child stands up and says that you have violated their privacy rights, violated the Minors Protection Law, and even reported a warning to you. "You spoke up to him and wished you could slap him, but you were speechless.".
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2022 05/25
Fame at a young age? How to sign a minor brokerage contract
It is said that fame should be achieved at a young age, and stars such as "TFBOYS, Zhang Zifeng, Zhang Yishan, Yang Zi, and Guan Xiaotong" who have emerged since childhood have attracted many minors to join the film and television entertainment industry. Moreover, in order to seek better development in the entertainment industry, more and more minors are also starting to sign up for brokerage companies. The author previously discussed the concept, nature, how to terminate a performance brokerage contract, and how to bear the responsibility for breach of contract in the article "Bait? Brokerage Contracts Can't Be Signed If You Want". This article analyzes the subject and effectiveness of signing a performance brokerage contract for minors, which is a special case.
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2022 05/09
Corporate Compliance Series | How do lawyers provide compliance regulatory response legal services for film, television, cultural and entertainment enterprises?
Compliance legal services refer to the consulting services provided by lawyers to help enterprises prevent, identify, evaluate, report, and respond to compliance risks based on their understanding of relevant domestic and foreign laws and regulations, international organization rules, regulatory regulations, compliance requirements, business practices, and ethical norms in the industry and business field of the enterprise, as well as the articles of association and rules and regulations formulated by the enterprise in accordance with the law Special legal services and advisory services such as agency. The compliance team of the Firm continues to discuss how lawyers can provide compliance legal services to film, television, cultural and entertainment enterprises.
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2022 04/28
Enterprise Compliance Series | Talking about Key Compliance Areas in the Film, Television, Culture, and Entertainment Industry from Zhang Ting, Lin Ruiyang's Suspected MLM Event
Recently, Zhang Ting and Lin Ruiyang were once again on the hot search list. According to relevant media reports, the Darway company founded and operated by Zhang Ting and Lin Ruiyang was suspected of engaging in pyramid selling activities, resulting in the closure of 96 properties held by the company's wholly-owned subsidiaries, Shanghai Zhenhong Biotechnology Co., Ltd. and Shanghai Giant Yiwang Industrial Co., Ltd., with a value of 1.7 billion yuan. From the end of 2021 to the beginning of 2022, our compliance team introduced issues related to corporate compliance construction regarding the suspected pyramid selling incident of Zhang Ting Lin Ruiyang Company. This article will then explore issues related to key compliance areas in the film and television entertainment industry through this event.
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2022 03/17
Who bears the responsibility for the death of Yan Yalun's crew members who fell into a valley?
In the early morning of March 12, Yan Yalun sent a long article in response to the death accident of the crew members of his new drama "Chu Yong" who fell into a valley, shelling the producer "Doumani" and asking for a reasonable explanation and a correct attitude. Netizens who follow the film and television industry will find that many film and television dramas often encounter various legal issues during the process of preparation, shooting, and distribution, such as Jin Dong's crew's disclosure of a default in the remuneration of the cast members, the plot of "Haoyi Xing" being recruited by enthusiastic fans Reuters, bad institutions posing as "Super Prince" crew members to recruit actors, and the crew of "Red Cliff" suffered casualties, among others, to name a few. Typically, the crew will make one or more statements to set the stage straight. So, what kind of unit is the crew? What is the relationship between the production team and the investment producer of the film and television series? If there is a dispute or accident, who bears the responsibility?
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2022 02/21
Did you find the right licensor for the filming of the sequel to the movie and TV series?
After a successful film and television drama, in order to meet the cultural consumption needs of the public, as well as to save costs and obtain more economic benefits, investment producers often shoot sequels for the successful work. Such as "Pirates of the Caribbean" and "Mad Housewives" in the United States; "Infernal Affairs" and "Forerunner of Legal Evidence" in Hong Kong; "Domestic" Former "," Love Apartment ", and so on, so is it possible to shoot sequels of film and television dramas casually?"? What authorization should be obtained to be feasible?
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2022 02/15
Does the self-made Bing Dwen Dwen infringe? Lawyers teach you how to play
Who is the latest "top stream"? Bing Dwen Dwen, the mascot of the Beijing Winter Olympics, is well deserved. Moreover, as "one trick is hard to find", netizens began to make "Bing Dwen Dwen Pier" to express their love for "Bing Dwen Dwen" and support for the Beijing Winter Olympics. However, does the self-made "Bing Dwen Dwen" infringe the rights? Does the use of self-made "Bing Dwen Dwen" for various tricks infringe the rights? Some issues are not that simple.
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2022 01/04
Discussion on Enterprise Compliance Construction from the Suspected "Pyramid Selling" Event of Zhang Ting Lin Ruiyang Company (3)
On December 29, 2021, following the explosion of a huge tax supplement fine by "Weiya", just over a week later, "Zhang Ting, Lin Ruiyang, and his wife's company were investigated and punished for pyramid selling" hit the hot spot, with a reading volume exceeding 780 million within 24 hours. This incident involves many legal issues. How do consumers protect their rights? What legal responsibilities will participants at all levels of the "pyramid selling" act bear, and how should they protect their legitimate rights and interests? Why can we continue to operate due to repeated complaints about product quality issues? Should we assume responsibility for product quality and how? Why is the market supervision and administration bureau responsible for the investigation rather than the public security organ? Are pyramid schemes suspected of committing crimes and what crimes may be involved? Many of the above legal issues involve various fields of civil, administrative, and criminal law, and require in-depth research and resolution by professionals.
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2021 12/31
Discussion on Enterprise Compliance Construction from the Suspected "Pyramid Selling" Event of Zhang Ting Lin Ruiyang Company
On December 29, 2021, following the explosion of a huge tax supplement fine by "Weiya", just over a week later, "Zhang Ting, Lin Ruiyang, and his wife's company were investigated and punished for pyramid selling" hit the hot spot, with a reading volume exceeding 780 million within 24 hours. This incident involves many legal issues. How do consumers protect their rights? What legal responsibilities will participants at all levels of the "pyramid selling" act bear, and how should they protect their legitimate rights and interests? Why can we continue to operate due to repeated complaints about product quality issues? Should we assume responsibility for product quality and how? Why is the market supervision and administration bureau responsible for the investigation rather than the public security organ? Are pyramid schemes suspected of committing crimes and what crimes may be involved? Many of the above legal issues involve various fields of civil, administrative, and criminal law, and require in-depth research and resolution by professionals.
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2021 12/30
Discussion on Enterprise Compliance Construction from the Suspected "Pyramid Selling" Event of Zhang Ting Lin Ruiyang Company
On December 29, 2021, following the explosion of a huge tax supplement fine by "Weiya", just over a week later, "Zhang Ting, Lin Ruiyang, and his wife's company were investigated and punished for pyramid selling" hit the hot spot, with a reading volume exceeding 780 million within 24 hours. This incident involves many legal issues. How do consumers protect their rights? What legal responsibilities will participants at all levels of the "pyramid selling" act bear, and how should they protect their legitimate rights and interests? Why can we continue to operate due to repeated complaints about product quality issues? Should we assume responsibility for product quality and how? Why is the market supervision and administration bureau responsible for the investigation rather than the public security organ? Are pyramid schemes suspected of committing crimes and what crimes may be involved? Many of the above legal issues involve various fields of civil, administrative, and criminal law, and require in-depth research and resolution by professionals.
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2021 12/27
Film and television signatures abound in confusion, and who owns the copyright dispute?
Article 17 of the Copyright Law stipulates that "The copyright in cinematographic and teleplay works in audio-visual works shall be enjoyed by the producer", According to Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Copyright, it is stated that "natural persons, legal persons, or organizations without legal personality who sign their names on works or products shall be deemed to be the owners of copyright and copyright-related rights and interests, unless there is evidence to the contrary." We can deduce that the question of "who is the copyright owner of film and television works" should be very simple, and there are clear provisions in the law, A natural person, legal person, or unincorporated organization that signs the name "producer" on a film and television work is the copyright owner of the film and television work, which is often referred to as the copyright owner.
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2021 09/14
Under the "double reduction" policy, how do parents respond and safeguard their rights?
Recently, with the introduction and implementation of the General Office of the State Council's "Opinions on Further Reducing the Burden of Students' Homework and Off campus Training in Compulsory Education" (hereinafter referred to as the "Double Reduction" Opinions), the special governance of off campus training institutions has kicked off. In just over a month, off-school training institutions have been in chaos, with frequent incidents of "explosions" and "runaways". Consumer disputes involving education and training have also become a hot and painful issue for parents, leaving them confused. How can they fulfill the training contracts they have signed up for? How can training institutions protect their rights without refunding fees? What issues should I pay attention to if I continue to participate in the training?
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2021 09/06
"Movie and TV series characters" have many promotional bonuses, and where is the boundary for the use of star portrait rights?
Recently, there was a consultation from the brand side that it is too expensive to hire celebrities to endorse. Can we use well-known film and television character images to advertise? Who do I need to sign up with if I use movie and TV characters to advertise? Correspondingly, there are also questions raised by film and television companies about whether the company, as the copyright owner of the film and television series, can authorize the role of the film and television series to others for use? Where is the boundary between the use of the right to portray characters and actors in film and television dramas? -
2021 08/18
Bait? Brokerage contracts cannot be signed if you want to
Recently, it has been rumored on the internet that a celebrity surnamed Wu has repeatedly interviewed young women in the name of casting and signing an artist agency contract. The author can't help but associate himself with some cases in his work practice, and find that many artists, especially some young artists who have just entered the industry and are not well known, are confused about the nature of the artist brokerage contract they have signed with the brokerage company. When they arbitrarily sign the contract and want to terminate it, they find themselves facing huge compensation and being locked up. Some artists see the word "commission" in the brokerage contract, and believe that the brokerage contract is a commission contract. They can terminate the commission relationship with the company at any time; Some artists believe that they receive a certain monthly fee from the company, and they also need to comply with some of the company's rules and regulations. The brokerage contract they sign is a labor contract, which can be unilaterally terminated in accordance with the provisions of the Labor Contract Law; Other artists believe that companies are introducing themselves to performing arts jobs, and brokerage contracts are intermediary contracts (known as intermediary contracts before the implementation of the Civil Code). However, in fact, it is not so simple. Brokerage contracts cannot be signed as soon as they want, nor can they be solved as soon as they want.
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2021 07/28
"On Demand" or "Looking Back", which infringement of "Langya Bang"—— Look at the confusion and differentiation of film and television drama authorization under new broadcast media
In the previous article, the author introduced in detail the concepts of distribution rights, broadcasting rights, screening rights, and information network dissemination rights, as well as the corresponding concrete embodiment in practice. Cinemas need to obtain the right to show movies and TV dramas, television stations need to obtain the right to broadcast movies and TV dramas, and network platforms need to obtain the right to disseminate information through the network. However, there may be many complex situations in practice, especially with the rapid development of the Internet. In addition to traditional cinema and television broadcast media, there have also emerged many new broadcast media, such as cable TV, IPTV, on-demand theaters, hotels, transportation vehicles, private cinemas, entertainment venues, and so on. These new broadcast media have generated a lot of disputes in the practice of the film and television industry.
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2021 06/25
From the perspective of iQIYI suing Changsha Cable for infringement of "Flowers and Bones" to see the dispute over the release and broadcast authorization of film and television dramas
On June 2, 2021, Beijing Aiqiyi Technology Co., Ltd. sued Hunan Cable Changsha Network Co., Ltd. for infringement of the information network dissemination right of the film and television drama "Flower Thousand Bones". The second trial judgment ((2021) Jing 73 Min Zhong No. 999) came into effect. The court of first instance and second instance both found that the act of Changsha Cable to broadcast the film and television drama "Flower Thousand Bones" to the public in the "playback" zone of Hunan Changsha Cable TV platform infringed on iQiyi's right to information network communication. Some people feel very puzzled that cable TV playback stations have already obtained the right to broadcast movies and TV dramas. How can they still infringe upon the rights? This case involves issues related to the distribution and broadcast authorization of film and television dramas.
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2021 05/19
Do I need authorization to adapt movies and TV dramas from real people and events?
In order to restore the shocking real events in the long river of human history, artists and investors are keen to adapt real people and events into film and television dramas and present them to the public, such as "The Name of the People", "Chinese Women's Volleyball", "Chinese Captain", "I Am Not the Drug God", and so on. Is it possible to adapt movies and TV dramas based on real people and events? Do you need authorization from a prototype character or someone else? The author intends to analyze the above issues from the following three aspects.
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2021 05/07
What is IP? What issues should be paid attention to when licensing IP adapted film and television works?
On April 23, Shanghai Film and Television Media released a group announcement announcing that it was officially preparing to shoot the film and television drama "An Le Zhuan" (tentative name), which was adapted from the popular IP "Emperor's Book". As soon as this group of news was released, it caused a heated discussion among loyal readers of the original novel "The Book of the Emperor" and fans from all walks of life, including the proposed creators (screenwriter, director, producer, female, male, and female) of "An Le Zhuan". Once upon a time, the term IP swept the film and television industry, becoming a focus topic for many film and television practitioners. A large number of successful IP adaptation film and television programs have emerged in the industry, such as "Legend of Zhen Huan", "Langya Bang", "Flower Thousand Bones" a few years ago, "Celebrating the Year of the Past", "Do You Know Whether You Should Be Rich, Red, and Thin", "Chen Qing Ling", and so on. They have harvested a large number of fans of the original works, and have also received unanimous praise from the audience. So, what exactly does IP mean? What issues should we pay attention to when licensing IP adapted film and television works?
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2021 04/20
"Li Huanying" vs "Gui Ma", what is the difference between cinema movies and online movies?
According to the latest online data, as of 16:24 pm on April 18th, the total box office (including pre sales) of the Chinese film market in 2021 exceeded 20 billion yuan, with a total audience of 475 million. Domestic box office revenue has reached the level of the entire year of 2020 (20.314 billion yuan), with the box office revenue of "Hello, Li Huanying" released during the Spring Festival season exceeding 5.4 billion yuan. At this exciting moment, the author can't help but think of "Lost Mom", which is also a maternal love theme, a comedy film, and a New Year's Eve film.
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2021 04/08
Screenwriter signature is a hot topic. How to give a screenwriter a reasonable and legal signature?
At the just past 2021 annual two sessions, Yan Jingming, member of the National Committee of the Chinese People's Political Consultative Conference and vice chairman of the Chinese Writers Association, proposed in the proposal of the CPPCC meeting that the legitimate rights and interests of screenwriters, such as the right of authorship, need to be urgently protected, and recommended that the competent authorities further clarify the rules for authorship and remuneration payment for screenwriters; Strengthen the distribution control of film and television works involving copyright disputes, and introduce a supervision and punishment mechanism. At the same time, the famous director Zheng Xiaolong and the famous writer Jiang Shengnan also unanimously proposed that the industry should pay more attention to the authorship rights of original writers such as screenwriters.
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2021 03/29
Are you limited to me or not? On the Past and Present Lives of the Film and Television "Salary Limit Order"
Recently, there was a rumor on the internet that Wang Baoqiang, the blockbuster film "The Chinatown Detective 3", was earning as much as 80 million yuan! Many people can't help but wonder, isn't there a "salary limit order"? Why are stars still paid so high for their movies?
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2021 03/18
Artist installations collapse and are blocked. What should investors do? How to Avoid the Risks Caused by Bad Artists in Film and Television Investment
In recent years, news of the arrest, infidelity, and misconduct of artists has become commonplace, and industry regulators have increasingly low tolerance for "bad artists". They have continuously taken various measures to strictly restrict the public appearance of "bad artists".
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2021 03/09
VIA: The destination of stars is to bring goods. Should live streaming bring goods with responsibility?
Recently, Vivia, the "First Sister" of live streaming, bluntly stated on a variety show, "The fate of stars is to bring them, I just want to skip the step of becoming a star." Netizens have expressed themselves in succession: How dare you say it! Regardless of whether Weiya's remark is a joke or her sincere words, it is undeniable that celebrity videos, especially live streaming videos, have become increasingly popular in the past two years.
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2021 03/03
Looking at the "Ugly Restriction Order" of the Industry from the Perspective of Li Sheng's Being Named by Official Media
Recently, the talk show "roast Conference" (Season 5) was a hit among the audience. Zhang Dada, who brought his own black body, was roast by his peers in various ways at the "roast Conference". After he took the stage, he reluctantly said a sentence (stem): "If I break the law, please punish me by the law, rather than trying to bury me!" The host Li Sheng and all the guests smiled knowingly.