wen｜Ji Zhengpeng
editor ｜Now
On January 31, iQiyi and the producer of the movie "Fat Dragon Crossing the River" jointly announced that due to the impact of the new crown pneumonia epidemic, the action comedy film originally scheduled to be released nationwide on February 14 "Fat Dragon Crossing the River" is officially filed until February 1st for iQiyi advanced screening. Previously, due to the impact of the epidemic, the movie "囧Mo", scheduled for the first day of the new year, also announced that it would be broadcasted online for free to meet with the audience.
The two previously targeted cinema market films bypassed theaters and were screened over the Internet, which aroused industry concerns and discussions. Some people think that there are legal problems with the movie transfer network in theaters, and some people think that even under the impact of the Internet and new media, theater screening is still irreplaceable.
So, does it constitute a breach of contract to change theater-line movies to online release under the influence of the epidemic? Will it become the norm for theater-line movies to bypass theaters for network screening in the future? How to guarantee the movie's theater broadcast window period? Under the impact of new technologies and new channels, what efforts or adjustments should the projection end represented by theaters and cinemas and the entire film industry make? The reporter took these questions to interview legal professionals, practitioners and relevant experts.
"From a legal point of view, under the influence of force majeure, the party who terminates the contract can be partly or completely exempted from liability." After the launch of the
movie "囧Mom", many theater practitioners have raised doubts. One of the focuses is that the film bypasses the theater. Whether the network broadcasting violated the "Film Distribution and Projection Contract". A person from a distribution company told reporters that in China’s theater movie distribution activities, the movie producer (or distributor) needs to sign a "contract" with the theater, and the copyright owner and the projection terminal enjoy their rights according to the relevant terms in the contract. , Fulfill their respective obligations, among which there are corresponding provisions.
"The contract will specify the scope of authorization, benefit distribution, material delivery, rights and obligations, commitment guarantees, and even the distribution channel, distribution area, distribution scope, and fare settlement of the film. For example, the copyright owner needs to guarantee the film It has passed the review, abide by the "window period" of the film release, provide corresponding promotional materials, etc., and the projection end needs to cooperate with the film promotion, ensure the quality of the screening, and promise to report the real box office data." The
reporter got the standard version of "Movie Film" "Account Distribution and Projection Contract".
The "Contract" clearly stipulates the rights and obligations of Party A (that is, the copyright owner): from the date of the film's premiere to the end of the agreed time, Party A shall not publish the audiovisual products of the film by itself or by a third party, and It is not allowed to broadcast movies through cable TV, wireless TV, Internet or any other media by themselves or by permitting a third party. It is also stated in Party A’s commitment and guarantee: From the date of signing this contract to the end of the release period, Party A shall promise not to authorize a third party to distribute films in the distribution area.
That is to say, under normal circumstances, after the film is selected for theater screening and the contract is signed, the "window period" of the movie screening in theaters should be respected, and it cannot be provided to third parties including online platforms during the "window period" Broadcasting, otherwise it will constitute a breach of contract and need to bear corresponding responsibility.
But this year’s situation is somewhat special. Due to the impact of the epidemic, theaters across the country have been temporarily suspended from January 24, 2020. The main screening channels are missing, and related films will naturally not be screened in theaters at the time specified in the contract.
Regarding contract performance during the epidemic, Zang Tiewei, spokesperson of the Legal Work Committee of the Standing Committee of the National People's Congress and director of the research office, said that the current outbreak of new coronary pneumonia in my country, in order to protect public health, government departments have also taken 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. According to the relevant provisions of the Contract Law, if the contract cannot be performed due to force majeure, the liability will be partially or completely exempted based on the impact of the force majeure, unless otherwise provided by law.
Ren Yabin, deputy director of Henan Jingyuan Law Firm, gave an explanation on how to deal with force majeure or changes in circumstances in the performance of the contract. He said that in the case of this epidemic, in principle, the film party or the distributor should first perform the relevant notification and care obligations, and actively negotiate with the relevant parties on the incident to prevent breach of contract liability and unnecessary disputes. .
However, in the reporter’s interview, there was feedback from the theaters that the theaters and the theaters did not receive the filming party or release in advance before the two films were transferred to the network.Fang said, "Everyone knows about this by watching the news." In this regard, Ren Yabin believes that from a legal perspective, under the influence of force majeure such as the epidemic, if agreement cannot be reached in the performance of the contract, the contract cannot be performed, or the purpose of the contract cannot be achieved, one party can also notify the other party to terminate the contract.
"According to the process, if a force majeure event occurs during the performance of the contract, the two parties should first negotiate the performance of the contract and reach an agreement as soon as possible. If the two parties do not reach an agreement on the performance of the contract, and like this epidemic, the force majeure situation lasts for a long time Yes, either party can terminate the contract by notifying the other party in writing. In this case, the party that terminates the contract can claim partial or full exemption of liability based on the impact of force majeure.” Ren Yabin said.
"This time the movie rebroadcast on the theater network is just an example, and does not have the basis for normalization." What is even more worrying at the theaters and other screens is whether the two films will “make a bad start”.
A Beijing filming manager told reporters that if this behavior is acquiesced, it will have a great impact on the projection side in the future, "not only because the network broadcast will cause the audience to divert, but the film party and the distributor have another screening channel. There will also be more negotiation weights on issues such as the proportion of accounts, which will have a very negative impact on the revenue and development of the projection side."
However, the reporter found in the interview that industry insiders generally believe that this time the theater movie transfer Network broadcasting will not "subvert the traditional cinema ecology", and there is no need to overreact.
Sun Xianghui, director of the China Film Archive and director of the China Film Art Research Center, told reporters that some films with relatively small investment in the past will choose to switch to online platforms for screening because there is no space in the theater market, but the films have been announced. , This is the first time it has been temporarily changed to a network broadcast. She also said that this situation is only a special case under the influence of the epidemic, and there is no basis for normalization in a short time.
Yin Hong, a professor at Tsinghua University and vice chairman of the Chinese Film Association, also stated on social media that the movie "囧Mom" was launched on the new media platform ahead of schedule. It is a special case that "the epidemic forced and the commercial interests of new media have contributed to this special case". The person in charge of Huanxi Media also told reporters that under the influence of the epidemic, the movie "囧Mo" was released online during the Spring Festival as "a last resort, it is a special case." Meet, "Our original intention was to bring joy to audiences across the country during the Spring Festival under the influence of the epidemic, and to enrich everyone’s holiday life. Of course, there are also considerations such as fund recovery, but this time it is a last resort under the epidemic. As a special case, after the epidemic subsides, "囧Mom" will also be available on theaters to meet with audiences who love the movie." Rao Shuguang, president of the
Chinese Film Critics Society, believes that due to the epidemic, theaters across the country will be temporarily closed. The Spring Festival files and the collective withdrawal of scheduled films in February. Although these conditions have a certain impact on the film industry, they are one-off. As the epidemic ends in the future, the industry will gradually return to normal.
Rao Shuguang also said that at the moment, cinema screening is still the most important way to achieve cost recovery for movies, especially large-scale movies. “So far, there are more than 10,000 movie theaters, 70,000 screens, and the current share of accounts. The cinema projection mode supported by the regulations is still the most important way to recover the cost of films, especially large-volume films."
"pays" for the cinema network broadcasts this time are the Internet such as Bytedance, iQiyi and Tencent Video enterprise. A person in charge of copyright procurement on the video platform told reporters that behind the free broadcast of "囧Mom", in addition to the long-term partnership between Bytedance and Huanxi Media, through this cooperation, Huanxi Media has achieved fund recovery and stock price. Rising, ByteDance has found a way to attract users, traffic and advertisements under the background of Taobao and Kuaishou both naming the CCTV Spring Festival Gala. The signing parties have achieved a win-win situation, and it is a successful strategic decision; 》On iQiyi and Tencent Video, it is the traditional "guarantee plus points" model (members on-demand 6 yuan once, non-members 12 yuan once), in addition to the time "advanced", and the previous theater-line movies on the video platform There is no difference in operation.
"Neither model can be sustained for a long time. First of all, the high-investment strategic decision of Bytedance cannot be the norm. Money is one side.On the other hand, ROI (input-output ratio) is also not allowed; and for the model of guaranteeing and adding points, it can only be a supplement after the completion of the movie sales, the current online payment habits of Chinese audiences and the current platform charging methods , It is simply not enough to support the cost recovery of the film through on-demand distribution and member payment. "The cost mentioned by
here includes production, distribution, and screening. After years of training and development, the world's largest screening market in the number of screens and the audience's viewing habits have combined to form the basis for the high-quality development of Chinese films. Intrinsic motivation. In the industry chain, everyone performs their duties and shares the box office revenue in proportion. After a long period of running-in and development, the industry practices such as the accounting model of theater movies have been relatively mature and accepted by all parties.
Market expert Luo Tianwen believes that although the current theater model cannot be absolutely fair, it is the most realistic choice for the Chinese film market. "Only the theater model can create enough income to repay all links in the industry chain. "
On February 10th, on the day of the 92nd Academy Awards, the award-winning films "Little Women" and "Jojo's Whimsical World" were also rumored to be "launched on video websites in mainland China, instead of being shown in theaters." , But the producers of the two films both denied the rumors in response and said, “The current contract stipulates that it will go to theaters first and then on the video website. We will not change it. At present, it is only due to the epidemic, and the schedule may be uncertain. "
, "Jojo’s Fantasy World" is a film released on the special line of the National Art Film Screening Alliance. Sun Xianghui is the head of the National Art Federation. She said that film distribution requires the cooperation of multiple parties. As a film producer or distributor, In the process of carrying out work, the support of theaters and theaters will never be separated. In the special stage of epidemic prevention and control, the screening end must be treated with sympathy and respect.
"The window period is the basic game rule of the film industry and cannot be easily subverted. "The
theater line screening window period is also the focus of the entire industry in the theater line movie network broadcast event. Some people are worried that the online platform will divert the theater screening revenue of the movie if the theater line movie is shown in the morning. Faced with this worry, Luo Tiantian told reporters that under a mature market mechanism, film copyright income represented by network broadcasting is an important supplement for copyright owners, but only by leaving enough room for each "window" to maximize the benefits of all parties.
" In Hollywood, the film will first be shown in theaters for three to four months; then the video tape, DVD or online video market will be opened for about six to eight months. During this period, each platform can be paid on-demand or downloaded; then it will last for one to eight months. Two-year cable TV broadcasting market; finally, it will enter the long-term monthly subscription and free viewing stage. "Luo Tianwen said. A related film distributor at
told reporters that in China, currently online broadcasting platforms represented by Youku, iQiyi, and Tencent Video also pay attention to the play window period of theater-line movies. "Normally, In order to ensure the revenue of the film in theaters, the theaters can only be shown on the network after the theater. If the key is delayed, the network release will be postponed. But you can also communicate. For example, some low-cost movies can be screened on the theaters for a week, and they can be screened on the online platform without any scheduling. This is already the bottom line. In the past few years, I still wanted to challenge the theaters to be simultaneously screened. However, they have been strongly resisted by the theaters. In the past two years, such operations have basically disappeared. "The
reporter found that the previously released "iqiyi original film" plan specifically emphasized that "self-made films will not bypass the theater chain, and will not significantly reduce the theater chain window to serve its own network platform." Regarding the advance screening of "Fat Dragon Crossing the River", iQIYI also told the media that this advance screening is a special treatment method adopted during the epidemic, and the cinema chain distribution rights of "Fatty Dragon Crossing the River" remain In Bona Pictures, in order to make arrangements for online screenings in the back theaters in the future.
Rao Shuguang said that the development of new technologies and carriers will inevitably have an impact on physical theaters. Under such impact, it is reasonable to ensure that the theater’s screening window period is reasonable. “The window period is the basic game rule formed by the development of the film industry to this day, and it cannot be easily subverted.” Yin Hong also believes that this special case will not be the norm, and the theater does not need to overreact. “The movie still needs the theater window to create a sense of ritual, On-site and agenda setting. "
During the development of Chinese films, relevant laws and regulations are also constantly being regulated, and the protection of the theater’s screening window period has gradually matured, except for the "In addition to the clear stipulations on the window period in the "Film Film Distribution and Screening Contract", relevant industry associations have also signed conventions to ensure the interests of the industry and maintain the industry ecology.
In April 2019, the China Film Producers Association and the China Film Distribution and Projection Association jointly formulated and signed the "Convention on the Window Period for Films Entering on-Demand Theaters and on-demand Theaters". The convention clearly stipulates that the window period is the first round of films in the theaters. Twice the release schedule.
However, some theater practitioners expressed their concerns to reporters, "The convention comes from industry associations rather than related departments. On-demand theaters and on-demand theaters are not equivalent to online broadcasting platforms, and there are no clear disciplinary measures in the convention. To be compulsory, to put it bluntly, it is entirely conscious. I still hope that the competent authority can formulate or issue rigid regulations on the window period to facilitate everyone's compliance."
Yin Hong suggested that it is a market problem and can be adjusted by the market mechanism. This incident is a special case, and the film administration department does not need to treat the special case as an existing problem in the entire industry. Even in the so-called window period, the administration can intervene for a while, but in the final analysis it is determined by the market and not by human will. For transfer."
"While actively embracing the Internet, we strive to improve the irreplaceability of cinema viewing"
has been broadcast on major rating websites and social media after "囧Mom" and "Fat Dragon Crossing the River" went online The word of mouth is mediocre, "Noisy at home during the New Year, it is difficult to concentrate on the film", "There is no smart projection at home, the screen is too small to affect the viewing experience", "The audio and visual effects are basically negligible, without the immersion of the theater, emotions are easily beaten "Tucao" about the difference between cinema viewing and network viewing in the viewing experience has also been mentioned many times in the comment section.
In this regard, Sun Xianghui believes that the entire creative stage of theater-line movies is to be shown on the big screen, which is different from online movies. “To make movies attract audiences on streaming media, the creators’ pre-production is required. Make corresponding preparations during the process. If a film originally made for theater screening is watched on mobile phones and tablets, the difference between the dissemination carrier and the viewing environment will not only make the audience feel disconnected, but also the great suffering of many creators The audience can’t feel it attentively." Sun Xianghui said that she herself was watching "囧Mom" while preparing to cook in the kitchen while holding up her mobile phone. In fact, she just watched a story, which is not the same as watching a "movie". and.
Sun Xianghui also said that at present, theaters still have obvious advantages in large scenes, large productions, and audio-visual effects. Mobile phones, tablet computers and other streaming media players cannot temporarily replace them. Luo Tianwen also said frankly: "The film industry has been progressing along with the development of science and technology, and it has been closely integrated with the cutting-edge technology of various periods. The industry must have confidence in the mature cinema movie ecology, and the audience's viewing habits accumulated over the years. I am confident that while actively embracing the Internet, we will improve service levels, standardize market order, and strive to improve the irreplaceability of cinema viewing.”
also said that with the advent of the 5G era, new media and the Internet and film industry will meet There are more and more possibilities for integration, but the contributions of new media and the Internet are more focused on the diversification and convenience of communication channels and content carriers. The film industry is ultimately a creative industry, and the audience’s demand for high-quality content has not changed. Content is king is also the unchanging iron law of film creation.
"Regardless of theaters, online movies or other forms, the production of high-quality content that audiences love is the prerequisite for realizing commercial returns, and with the convenience and diversification of channels, the audience’s viewing level and tastes The improvement and change will be faster and faster, which also puts forward higher requirements for creators.”
As for the future of theaters and cinemas, Sun Xianghui’s point of view is that, under the competition of new communication technologies and media, the The line and cinema must first work hard to cultivate their "internal strength", especially in the days when the theater is not able to re-show, they must be prepared for upgrading in terms of service and experience. Rao Shuguang also believes that under the conditions of the industrial structure of Chinese films, the Internet has a great impact on the film industry. It is necessary to work hard to establish an Internet mindset and achieve sustainable development through the combination of movies and the Internet.
"Traditional theater chains and movie theaters should reach a consensus with emerging film companies, especially Internet film companies, on the level of content as king. At the same time, they should proceed from the overall, long-term and fundamental interests of Chinese films through full consultation and dialogue. In the rule of law and reasonResolve related conflicts on the track of the United States, and ultimately achieve a win-win, multi-win and win-win situation. "Rao Shuguang said.
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