"In the Spring" legal professionals talk about the resumption of film and television, how the film industry is healed now
"In the Spring" legal person talks about the resumption of film and television, how the film industry is healed now close
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under WIFI1905 Film Network News "Film Critic Today" special program "In Spring", focuses on the interpretation of the "resumption" and "self-healing" of the film industry, and invites core practitioners to "cloud" look forward to the future of the industry.
The long years of the house have quietly unlocked many new skills for everyone: some have become chefs, some have become jokes...
An early morning and noon in February, the old editor who just opened his eyes brushed a circle of friends ——I heard that work can be resumed today. I called the boss to ask about working hours. The boss said: The company has closed down and is no longer used. The kind-hearted editor of immediately sent comfort to this classmate who was honest and friendly on weekdays. I got a reply after ten minutes: Hahahahaha, that's a joke.
However, the old editor, who is extremely sensitive to the job issue, immediately consulted his lawyer friend Ji Lu on the issue of "cloud layoffs". “Neither the boss nor the company has breached the contract, because it is force majeure that prevents the labor contract of both parties from continuing.”
The sudden new crown pneumonia epidemic has prevented us from moving towards cinemas and hot pot restaurants, and many industries cannot start working normally. "force majeure". For the film and television project team that is in the form of a non-physical company and is maintained by contracts, the long-term shutdown is making the performance of all contracts into an irresistible abyss.
On February 10, the spokesperson of the Legal Work Committee of the Standing Committee of the National People's Congress pointed out in response to a reporter's question: Currently, a new type of coronavirus infection pneumonia is a public health emergency in my country. In order to protect public health, the government has also adopted corresponding epidemic prevention and control measures. For the parties who are therefore unable to perform the contract, it is an unforeseen, unavoidable and insurmountable force majeure.
"Like film and television, we say that there are pre-development, production, publicity, business, broadcast, etc. different links. The entire link will actually be affected by the epidemic." is a guest on the video "cloud" According to Mr. Yue Dishan, a senior partner of Beijing Yuecheng Law Firm of "In Spring", it was impossible for the crew to predict the various types of work when the contract was signed in the early stage.How the current situation is affected.
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| Attorney Yue Dishan |
Regarding the risks of many possible legal breaches in the current film and television industry, Yue Lu also started a dialogue with Wang Junyun, the chief partner of Beijing Taoan Law Firm, and Cong Wenwen, a partner of Beijing Zhide Law Firm. Interpret this "force majeure" from a professional perspective.
Today’s topic: Legal experts talk about the "force majeure" of film and television projects
force majeure ≠ exemption gold
"General Principles of Civil Law" Article 180 and "Contract Law" Article 117: force majeure cannot mean unforeseen and unforeseeable. Objective situations that are avoided and cannot be overcome.
"This epidemic is also called force majeure by the NPC Legal Work Committee." After explaining the meaning of force majeure, Yue Qishan, who was a guest on the "Today Film Critic" special program for the first time, turned around, "but was the breach of contract caused by force majeure? This is the key to whether you should bear the responsibility for breach of contract.” In his view, the reasons for the suspension of work in the empty Hengdian Film and Television City
under the influence of the epidemic are
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. “General screenwriters may be sitting at home or writing in the studio,” he cited as an example of screenwriters who are currently less affected by the epidemic. “If there is an epidemic that cannot be delivered on time, then you have to watch it at this time. What is the reason for the timely delivery of the manuscript." If it weren't for the giant system that had to collect the wind, the screenwriter friends might not be able to treat the epidemic as a "force majeure" in the legal sense. Of course, as seen in the "In Spring" screenwriting survey last week, some screenwriters who are still in Hubei are still working hard at home, and maintaining a good mentality and working condition can ensure the basic reserves of the industry.
Currently, many film and television investors are experiencing more or less capital turnover problems. Can the payment of investment funds be temporarily "exempted" by force majeure factors? “In principle, it is more difficult to use force majeure as excuses for the performance of monetary debts.” Zeng Wenwen, a lawyer who has participated in film projects such as Rampage Hollywood and Qi Men Dunjia as a producer and screenwriter, for example, said that for script development, For the early development of contracted projects such as group construction, the investor’s payment obligation cannot be suspended or exempted.
At the same time, the interpretation of force majeure under different legal systems is also worthy of the industry. These days, when Zeng Wenwen assisted domestic clients in purchasing scripts overseas, she encountered the impact of the epidemic. "After the contract was signed, there was an epidemic, and then the company stopped working and the bank closed, and domestic customers are now unable to complete the payment." According to herAs a country of civil law system, our country stipulates force majeure in the law, but there is no corresponding expression in the law of common law system countries. "How can we let the other party understand empathically? That is to say, we communicate with each other under the differences of contract and legal system, context and culture, and we cannot use our own simple common sense and cognition to understand."
After communicating in time and providing proofs, the customer has been understood by overseas parties and its payment obligations have been extended accordingly. "If cross-border cooperation is involved, we must pay special attention to promptly submitting notices and certifications to the other party to prove force majeure." It's the movement of celebrity filmmakers to resume work. After the "In the Spring" actor chapter was aired last week, many friends sent private messages to the old editor: My idol has arranged several drama appointments in a row. Will it "crash" after resuming work and will it breach the contract? ? "If the actors cannot be filmed normally, it will form a domino effect in the entire project cycle." Lawyer Wang Jun, who once represented Qiong Yao against the infringement case, has specialized in film and television cases in recent years. In his view, the actor shooting on schedule is the time limit guarantee for all investment nodes, production schedules, and release schedules. Once a problem occurs, a "chain responsibility effect" will occur.
According to the list of suspended filming crews and currently known filming plans announced by the film and television bases, many well-known actors are facing the situation of "fights" after the resumption of work. Zhao Liying, who interrupted the filming of "You Fei" due to the epidemic, was originally scheduled to join the "Happy To Ten Thousand" crew to challenge the classic "Autumn Ju" role in March. Nowadays, the re-shooting of "You Fei" has not yet begun. In addition to having to get a full score for the return to work test, she is also facing the pressure of "breaking contract" to postpone joining the group.
"If you are currently filming a movie, it will be finished in a few days, and if the next movie has not started, you should coordinate to complete the shooting of the previous movie. "For the dilemma Zhao Liying faced, Wang Jun gave advice, "Then if the two shows are not started, it still depends on the specific shooting type and the specific scene requirements." In his opinion, seems like two. When the group shooting is not started, the modern and contemporary family theme "Happy to Ten Thousand Homes" is more suitable to start up first than the more demanding filming "You Fei" such as Fu Huadao, which can relieve the actors' schedule and venue pressure.
"At this stage, we are not making suggestions to customers and the industry for the sake of lawsuits, but how to coordinate and prevent in advance when such a performance risk arises. The loss is minimized," Wang Jun’s eyes, the current “ "Contradictions" are more suitable to be resolved through consultation. "This is a problem that every crew and every main creative person is facing. " " These provisions of the law are always the last way to deal with problems. "Based on the opinions of several peers, Yue Qishan points to a positive exit for the legal problems that may arise in the film and television industry that has been suspended due to force majeure. "We cannot stop, we must think of any way to save ourselves." Can our industry associations and local governments provide more favorable support to these affected enterprises and individuals? I hope that all our people and enterprises in the film and television industry will not be too affected, and actively resume work, so that we can successfully complete all the work that we have previously delayed in the spring. "
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