Publish time: Wed Apr 18 15:45:22 CST 2018
On March 11th, Beijing Arbitration Commission /Beijing International Arbitration Center (hereinafter referred to as BAC/BIAC) and China Alliance of Radio, Film and Television Production Committee successfully co-organized “Shanghai Summit on Annual Review on Film and TV Dispute Resolution in China (2018)—Focus on the Legal Issue of Film and TV Industry”. The seminar was supported by Chinese Academy of Chief Legal Officer (CACLO) and LexPR consulting. This seminar is held as the sub-forum of Shanghai International Arbitration Forum and Annual Review on Dispute Resolution in China (hereinafter referred to as Annual Review) was held in Shanghai for the first time and attracted nearly 100 professionals to attend from Shanghai and all over China. This moderator was Division Head Mrs. Jiang Qiuju and Secretary General of BAC/BIAC Mr. Lin Zhiwei and Vice-chairman of Production Commission Mrs. Yang Yubing expressed opening speech.
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Secretary General Mr. Lin indicated that “Annual Review” could be characterized by three words in his opening speech. The first one is the original aspiration. BAC/BIAC hopes to introduce the development situation of different areas of dispute resolution to domestic and overseas experts and promote the development of domestic dispute resolution though “Annual Review”. The second one is progress. Through six years’ continuous efforts, “Annual Review” has been more and more widely recognized. It is worth mentioning that this year “Annual Review” has invited many domestic leading experts to attend through open tendering and summits are hosted in many cities. The last one is outlook. Through “Annual Review”, BAC/BIAC hopes to attract more colleagues to pay close attention to the development of relevant theory and practice and bring about substantial progress. Based on the background and the service tenet of the Production Commission, Vice-chairman Mrs. Yang emphasized the objective of this event is to cooperate with outstanding arbitration institutions and provide service for members and healthy development of the industry.
Secretary General Mr. Lin Zhiwei
Vice-chairman Mr. Yang Yubing
Division Head Mrs. Jiang Qiuju
The main author Mr. Zhang Zheng introduced the content of “Annual Review on Film and TV Dispute Resolution in China (2018) (hereinafter referred to as “Film and TV Annual Review”)”. Mr. Zhang Zheng is the arbitrator of BAC/BIAC, the founding partner of Gaopeng & Partners, vice-chairman of Beijing Lawyers Association and vice-chairman of Beijing Film, Television and Entertainment Law Society. Multiple identities enable Mr. Zhang Zheng to write from diverse perspectives. Mr. Zhang Zheng firstly summed up the current writing situation of “Film and TV Annual Review”, introduced briefly the scope of copyright in game industry, the judicial method for tort remedies and related legal issues combined with the development situation of this industry and showed the system advantage of arbitration following industrial practice though many vivid cases. Furthermore, Mr. Zhang Zheng analyzed the potential positive implication of Movie Promotion Law on culture industry. And it is also worth mentioning that Mr. Zhang Zheng introduced the film and television cases of BAC/BIAC. BAC/BIAC has handled nearly 150 film and television cases over the past three years among which settled 67 film and television cases in 2017.
Lawyer Mr. Zhang Zheng
The Legal Director Mrs. Li Lin from Alibaba Pictures, Vice-director Mr. Yao Gangqiu from Shanghai Media Group Copyright Asset Center, professor and doctoral supervisor Mr. Wang Qian from East China University of Political Science and Law made discussion regarding detailed questions in the film and television dispute resolution as guest speakers.
Mrs. Li Lin made a speech themed analysis on the development of movie industry and related legal issues. She firstly exhibited the positive progress of China movie industry ranking No. 2 in the world evidenced by statistics of box office and production. And she analyzed the dispute resolution risks faced by different parties in the industry chain when they are purchasing, researching and developing, filming, advertising and publishing movies. Mrs. Li Lin held that since its feature of human joining, closure and monopoly, film and TV industry tend to settle disputes by arbitration that attaches great importance to negotiation and has very strong confidentiality.
Legal Director Mrs. Li Lin from Alibaba Pictures
Mr. Yao Gangqiu made a speech themed discussion on hot issues of radio and television copyright. He firstly analyzed there are three main copyright woks in radio and television industry from oblige’s and user’s different aspects. The first one is works including movie, television drama, edited or processed program which embody intellectual creation and collection of programs which embody the originality of choice; The second one is sound and video recordings, including the recording of talk show and live; The third one is program signals including electric signals which contains sound and pictures or certain program. And Mr. Yao Gangqiu also illustrated the difficulties faced by oblige protecting its own rights including how to choose protecting rights based on a single program or the whole channel and relevant problems regarding presenting evidence. What's more, Mr. Yao analyzed the related intellectual property issue regarding playing and adapting music combined with cases.
Mr. Yao Gangqiu from Shanghai Media Group Copyright Asset Center
Mr. Wang Qian made a speech themed discussion on the revision of the Copyright Law and the protection of the copyright of the film works. Mr. Wang Qian analyzed the relationship between the producer and the author of the original work, the relationship between the producer and the creator of the film, the relationship between the producer and the performer (actor) in depth. Combined with the case studies, Mr. Wang Qian addressed that the rights of adaptation in the current film and television culture industry's cognition, development and protection. He made expressive interpretations of the "double rights dual licensing" rule, as well as the protection of neighboring rights and copyright issues and other issues. In addition, Mr. Wang Qian also introduced the process of soliciting comments of the revision of the "Copyright Law", and analyzed the nature of the changes in some of the articles. He held the view that Chinese law makers must take the fact that China's film industry is not yet mature into consideration when they balance the interests of different parties in the film and television culture industry. Researchers and practitioners should not ignore this fact too.
Professor Wang Qian from East China University of Political Science and Law
After the seminar session, the on-site audience asked questions concerning professional issues actively, focusing on the nature of the performing arts agency contract, the identification of screenwriter copyright, the copyright of music accompanying works, the legal issues involved in webcasting, and the identification of the time points in film production (such as the time point of shooting), etc. The audience conducted professional discussions and exchanges with the participants. On-site interaction was wonderful and the atmosphere was warm and the event was put to a successful conclusion.
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Other domestic summits on“Annual Review Commercial Dispute Resolution (2018)” will be hosted subsequently. And the overseas summits will be separately hosted in Stockholm on 18 June, London on 20 June and Edinburgh on 22 June. And Hong Kong Summit will be hosted on 27 October, 2018. BAC/BIAC warmly welcome colleagues working in dispute resolution area take an active part in the above events.
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