The main reason of the disputes in live broadcasting industry is that the anchor frequency changes jobs? Beijing court: practitioners should stick to the spirit of contract

This (20th) morning, “Beijing Chaoyang District People’s Court of cultural and entertainment industry typical contract cases trial white paper (2017-2019)” was officially released. After analyzing the related cases tried by Chaoyang Court in recent years, it is found that nearly 40% of the network live contract disputes are caused by the anchor’s breach of contract and job hopping has become a common problem in the live network industry. According to Li Zenghui, the person in charge of the second civil court of Chaoyang Court, in the typical contract cases of cultural and entertainment industry tried by the court, most of the claims are property payment, and the scope of the subject matter of the case is large. From 2017 to 2019, Chaoyang Court concluded 124 cases of performing arts brokerage contracts. Among them, 74.3% of the cases of brokers suing artists required to pay liquidated damages. Among the cases of artists suing brokerage companies, in addition to the cases requiring confirmation of contract termination, the cases demanding compensation for losses and payment of remuneration accounted for the highest proportion, 51.6% and 41.9% respectively, with a small amount of cases Less than 100000 yuan, and more than 10 million yuan. Li Zenghui pointed out that in the cultural and entertainment industry contract cases, both parties often refer to each other for improper performance of the contract, which leads to great disputes in the case. Moreover, due to the fact that the litigation claims mostly involve property payment, the mediation rate of the case is low and the counterclaim rate is high. In recent years, the proportion of electronic evidence in the cultural and entertainment industry contract cases tried by Chaoyang Court has been continuously increasing. Especially in the network live broadcast contract cases, the problem of the party’s weak proof ability is more prominent. Because the live network record, income record and other data are protected by the live broadcast platform, the evidence submitted by the anchor is mainly based on the platform income screenshots, wechat chat records and other electronic evidence Without the fixed, storage, collection and statistics of dynamic data, once the live broadcast platform is closed, the reproduction and inspection of evidence cannot be carried out, and it is difficult for the parties to obtain evidence and provide evidence. In view of the problems found in the trial of the case, Chaoyang Court proposed to implement unified industry standards and standards, establish employment guidance norms in the entertainment industry, explore the construction of dispute resolution mechanism in the industry, and promote the resolution of related disputes through the demonstration and professional mediation of type cases in the industry. At the same time, Li Youguang, a full-time member of the judicial committee of Chaoyang Court, pointed out that enterprises related to the cultural and entertainment industry should strengthen management and operation, standardize the signing process, all parties to the contract should strictly control all aspects of contract performance, pay attention to the preservation of various archival materials, and timely form written materials for contract performance and change, which shall be sealed or signed by both parties for confirmation, so as to avoid litigation as much as possible It is difficult to provide evidence at different stages. < / P > < p > “the frequent job hopping of cultural and entertainment industry practitioners and the high salary of entertainment enterprises are one of the important reasons for the frequent occurrence of contract disputes in the cultural and entertainment industry. In the final analysis, it is the lack of contract spirit and integrity consciousness.” Li Youguang called on cultural enterprise operators and cultural industry practitioners to uphold the sense of integrity, adhere to the spirit of contract, and jointly promote the healthy development of cultural entertainment industry. In addition, Li Youguang suggested that the relevant regulatory agencies of the industry should further strengthen the overall planning and strengthen the supervision of the emerging cultural and entertainment industry.