How do I agree on authorship?

Disputes over the authorship rights of screenwriters in film and television dramas are common. When a screenwriter accepts a commission to create a screenplay from another person, the parties should clearly agree in advance on the authorship rights, the carrier of the authorship rights, the location, and the order of the authorship of the screenwriter in the commission creation contract, which can greatly reduce and prevent potential disputes.

1. Agreement on the carrier of the right of authorship

Generally, in the commissioned creation contract with the producer, the screenwriter will agree that the copyright of the film and television script belongs to the producer, and the screenwriter has the right of authorship for the film and television work, without specifying the carrier on which the screenwriter will sign (such as scripts, posters, trailers, and other promotional materials).

In the final judgment of the case concerning the authorship dispute of the TV drama "The Legend of Mi Yue", the court determined that movie posters, trailers, and the like are not necessarily carriers of the authorship right. Without special agreements, writers do not have the right to sign on promotional materials such as movie posters, trailers, and the like.

According to the above industry practices and judicial practice precedents, if a screenwriter requires the right of authorship on promotional materials such as film and television scripts, posters, and trailers, it is necessary to make a clear agreement on the carrier of such right of authorship in the commissioned creative contract.

2. Agreement on the location and order of signatures

There are no mandatory legal provisions regarding the location and order of screenwriters' signatures in film and television works. In cases where there is no agreement or the agreement is unclear, it is usually determined in accordance with industry practices.
According to Document No. 531 issued by the Film Business Administration of the former Ministry of Radio, Film and Television, "Notice on Revising the Subtitling Regulations for Story Films", the scriptwriter's position should be at the beginning of the film, not at the end of the film or mixed up with other staff. In industry practice, the ranking of credits between writers and other cast members, as well as between multiple writers, should follow the "contribution" principle. Therefore, in order to avoid disputes, it is recommended to clearly stipulate the position and order of the screenwriter's signature in the commissioned creation contract, "Frame x of the title, the signature is listed at number x.".

To sum up, the script commissioned creation contract is not only crucial to the rights, responsibilities, and interests of the screenwriter, but also one of the most important contracts that need to be signed by the producer during the process of investing in shooting a film and television drama. Therefore, a clear and detailed confirmation of the rights and interests of all parties in writing is an effective way to ensure the smooth performance of the contract and reduce potential disputes.

Industry · New Deal

Hangzhou Internet Court Releases "White Paper on Internet Intellectual Property Trial"

On August 10th, the Hangzhou Internet Court released the "White Paper on Internet Intellectual Property Trials" and typical cases at a conference themed "Reform and Innovation Achievements and Future Development Directions".

The "White Paper" summarizes the characteristics, trial rules, and experience of cases involving copyright, trademark rights, unfair competition, and domain names in the Internet field that have been tried over the past five years, demonstrating the beneficial exploration and phased achievements of the Hangzhou Internet Court in the judicial protection of online intellectual property. Among them, the electronic evidence platform and asynchronous trial mode pioneered by the Hangzhou Internet Court have to some extent achieved the organic unity of substantive justice and procedural efficiency.

"Regulations on the Production and Operation Management of Radio, Television, and Online Audiovisual Programs (Draft for Comments)"

On August 8th, the State Administration of Radio and Television drafted the "Regulations on the Production and Operation of Radio and Television and Online Audiovisual Programs (Draft for Comments)", which was publicly solicited for comments until September 8th.
"Draft for Comments" improves the regulations on the business scope of program production; Improve the code of conduct for program production and operation, and increase regulations on film remuneration management; In terms of administrative license setting, it has been optimized in accordance with the national reform spirit of "release, management, and service", including entrusting the implementation of relevant administrative licenses, canceling the step-by-step review process, merging the production license for TV dramas, further clarifying the license conditions, and simplifying the application materials; Improve the handling of illegal acts in program production and operation.

3. Specification for Foreign Translation of Radio, Television, and Online Audiovisual Programs

On July 28, the State Administration of Radio and Television (SARFT) issued the "Notice on the Issuance of a Radio, Television, and Online Audiovisual Industry Standard for the Foreign Translation of Radio, Television, and Online Audiovisual Programs", with the standard number GY/T 359-2022. The standard is a recommended industry standard for radio, television, and online Audiovisual programs, and will be implemented as of October 21, 2022. The standard content is located on the portal website of the SARFT（ http://www.nrta.gov.cn ）Public.

"Guiding Opinions on Strengthening the Appraisal of Intellectual Property Rights"

On July 27, the China National Intellectual Property Administration issued the Guiding Opinions on Strengthening Intellectual Property Appraisal.

The Guiding Opinions should promote the introduction of national and group standards related to intellectual property appraisal. Clearly, it is necessary to focus on various types of intellectual property appraisal work such as patents, trademarks, geographical indications, integrated circuit layout design, and mainly assist in resolving specific factual issues in intellectual property disputes. As a kind of evidence, intellectual property appraisal opinions must be verified before they can be used as the basis for determining the facts of a case.