Shanghai Songjiang District Releases White Paper on Trial of Cases Involving Film and Television Industry Disputes

2023-10-10

Recently, the People's Court of Songjiang District, Shanghai held a press conference and released a white paper on the trial of cases related to film and television industry disputes (2021-2023) and ten typical cases. According to the white paper, from January 2021 to June 2023, the Songjiang District Court accepted a total of 468 cases involving the film and television industry. Mainly concentrated in copyright disputes, service contract disputes, personality rights disputes, film and television project investment and financing disputes, unfair competition disputes, film and television drama cooperation creation contract disputes, etc. Among them, copyright disputes account for the highest proportion, reaching 52.77%. 329 cases were resolved through mediation and withdrawal, accounting for 73.43% of the cases concluded. The white paper summarizes the characteristics of cases involving the film and television industry, including a long chain of intellectual property infringement, frequent disputes over service contracts for new formats such as short video production, live streaming sales, and live platform operation, a trend towards networking in disputes over personality rights such as infringement of the name and portrait rights of film and television stars, and strong complexity in film and television investment and financing purposes. The white paper also summarizes four typical problems in the case, namely the frequent infringement caused by the replicability of intellectual property rights, the high cost of dispute resolution caused by commercial rights protection, the difficulty in identifying facts due to overly principled contract agreements, and the inadequate internal governance of the company leading to decision-making errors. Targeted suggestions and countermeasures are proposed. In recent years, the Songjiang District Court has fully fulfilled its judicial functions, conducted fair and efficient trials of various disputes related to the film and television industry, focused on active judicial governance of litigation sources, constructed a mechanism for substantive collaborative resolution of disputes, relied on the Regional Intellectual Property Collaborative Protection Center, and cooperated with the Propaganda Department of the District Committee, the District Cultural Tourism Bureau, the School of Intellectual Property at East China University of Political Science and Law The Municipal Radio, Film and Television Production Industry Association has jointly established the "Film and Television Industry Intellectual Property Application and Protection (Songjiang) Base" to promote the deep integration of industry, academia, research and application, and provide strong judicial services and guarantees for the high-quality development of the regional film and television industry. (New News Agency)

Edit:Wang Chen    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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