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Film and television signatures abound in confusion, and who owns the copyright dispute?
2021 12/27Author:Peng MeiyangArticle 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. -
Break up negotiations or extortion—— On Huo Zun's Breakup with His Former Girlfriend Chen Mou
2021 12/24Author:Feng WeiAccording to multiple media reports, on December 22, the public security authorities took criminal coercive measures against Chen on bail pending trial for alleged extortion. According to previous online rumors, Chen submitted a huge "breakup fee" request of 9 million yuan to Huo. Regardless of the course of the relationship between two people, it is not appropriate to comment on what is right or wrong in the relationship, since it is neither the party involved. However, as a legal person, the relevant legal issues that have initially surfaced in this case can be fully explored. It is believed that the general public will also raise questions such as "what fees can be recovered during a breakup", "whether one party can propose 'youth compensation' to the other party", and so on. Regarding the economic demands raised by one party during a romantic breakup, is it breakup negotiation or extortion? This article briefly discusses some related issues. -
"Wei Ya Men" Are Investigated, Analyzing the Risk Prevention Behind the "Tax Evasion" Storm
2021 12/22Author:贾蒙蒙Editor's Note: The Zhejiang Provincial Taxation Bureau's Inspection Bureau made public to the public the online anchor Huang Wei (online name: Weiya)'s tax related violations from 2019 to 2020, and made a decision to pursue the payment of taxes, impose overdue fines, and impose a total penalty of 1.341 billion yuan, causing a public uproar. However, this matter was not sudden. As early as 2021, the State Administration of Taxation had issued multiple documents requiring practitioners in the live streaming marketing industry to conduct tax self-examination. From Weiya's apology letter, we can also see that Weiya conducted a tax self-examination this year. Here's a question: Why does Weiya still face tax administrative penalties after her self inspection? How can anchors in the process of self inspection avoid and resolve the risk of being identified as "tax evasion" in the remaining nine days? See discussion in this article for details. -
When the Wind Rises Again | Interview with Wang Lei: Whether it's China or the WTO, we need to carry on and open up the future
2021 12/17Author:Wang LeiRecently, lawyer Wang Lei, the director of Gaopeng Law Firm, accepted an exclusive interview with Pengpai News, recalling the story of his assisting previous negotiators in customs clearance, WTO accession negotiations, and representing China in the EU fastener anti-dumping case. -
When the Wind Rises Again | Exclusive Interview with Tang Xiaobing: From the First Person in Full Time to the First Person in WTO Entry
2021 12/16Author:Tang XiaobingEditor's Note: On December 11, 2001, China officially joined the World Trade Organization. This day has become an important watershed in the development of China's relations with the world. -
The burden of proof and determination of shareholders' completion of paid-in capital contributions
2021 12/13Author:Sun MeiyanSince the company's registered capital was changed from the paid-in system to the subscribed system, shareholders often ignored the arrangement of paid-in capital contributions in the early stage of operating the company. Once the company's operations require costs, shareholders may take the form of advance funds, loans, and other forms to transfer the funds to the company's account, and later return the loan funds through reimbursement or repayment. Once in and out, it becomes a routine operation to transfer funds in and out. However, if financial treatment is not carried out in accordance with legal financial systems, it is likely to create hidden dangers for shareholders who need to supplement and bear the company's external debts. -
Valuable support and assistance from United Nations agencies for China's "WTO accession" negotiations (Part 2)
2021 12/10Author:Tang XiaobingEditor's Note: The GATT centered multilateral trading system established after World War II has always been a "club for the wealthy.". Developing countries' participation in the multilateral trading system often has limited capacity and a shortage of talent. The United Nations Conference on Trade and Development has implemented the "Technical Cooperation Assistance Programme for Multilateral Trade Negotiations" for many years to provide technical assistance to developing countries. China is no exception. Thirty five years ago, China proposed to restore its seat in the General Agreement on Tariffs and Trade. Since then, until the establishment of the WTO, China has benefited greatly from this assistance program. On the occasion of commemorating the 20th anniversary of China's accession to the WTO, Tang Xiaobing, a consultant to Gaopeng Law Firm, wrote this memorial article as the specific executor of the plan that year. -
Exclusive Interview with Humanities | Dong Xiaohua: Accusations and Debates Change, Beliefs Remain
2021 12/08Author:Dong XiaohuaIn July 2021, Gaopeng Law Firm welcomed a group of criminal lawyers, including Dong Xiaohua. Lawyer Dong is a knowledgeable post doctoral candidate in management at the University of the Chinese Academy of Sciences, a doctor of criminal law at Beijing Normal University, and a master of constitutional and administrative law at Peking University. Previously, he worked in procuratorates at the municipal and urban levels in Beijing for 18 years. Lawyer Dong focuses on criminal defense, criminal prosecution, and compliance businesses. Today, let's take a look at her story~ -
Valuable support and assistance from United Nations agencies for China's "WTO accession" negotiations (Part 1)
2021 12/07Author:Tang XiaobingEditor's Note: The GATT centered multilateral trading system established after World War II has always been a "club for the wealthy.". Developing countries' participation in the multilateral trading system often has limited capacity and a shortage of talent. The United Nations Conference on Trade and Development has implemented the "Technical Cooperation Assistance Programme for Multilateral Trade Negotiations" for many years to provide technical assistance to developing countries. China is no exception. Thirty five years ago, China proposed to restore its seat in the General Agreement on Tariffs and Trade. Since then, until the establishment of the WTO, China has benefited greatly from this assistance program. On the occasion of commemorating the 20th anniversary of China's accession to the WTO, Tang Xiaobing, a consultant to Gaopeng Law Firm, wrote this memorial article as the specific executor of the plan that year.