Plaintiff: The defendant had promised that the novel would not be published before the TV series was broadcast
** Film and Television Company believed that Ms. Jiang was The novel was published and distributed without authorization before the TV series was broadcast, and continued to be distributed even after the company had sent a lawyer's letter. This behavior constituted a breach of contract and caused heavy losses to the company's reputation and economy. Therefore, the lawsuit was filed in court, requiring Ms. Jiang to immediately stop the publication and distribution of the novel "The Story of Mi Yue" and issue a public apology statement prominently in the national mainstream media.
Defendant: The two agreements are illegal and they did not agree that the novel should not be published earlier than the TV series
Jiang The lady argued that **La Company was related to ** Film and Television Company, and the relevant contract dates were backdated, which was not authentic and legal. Moreover, **La Company transferred its creditor's rights to others and failed to fulfill its obligation to inform them. It has no legal effect.
At the same time, Ms. Jiang believed that the script creation contract she signed directly with ** Film and Television Company did not stipulate that the novel should not be released earlier than the TV series. In July 2014, the producers clearly agreed that the novel could be published and distributed by the end of June 2015. Therefore, the publication and distribution of the novel does not constitute a breach of contract, and a public apology is not a form of assuming civil liability for contract disputes. We request the court to reject all claims of ** Film and Television Company.
Court: The backdating of the contract date does not affect the content of rights and obligations, and the defendant constituted a breach of contract
Court After trial, it was found that on August 28, 2012, ** Film and Television Company signed a "Television Script Creation Contract" with Ms. Jiang, agreeing to appoint Ms. Jiang as the screenwriter of the TV series "The Legend of Mi Yue". The copyright of the script belongs to ** Film and Television Company. Ms. Jiang Enjoy the authorship of the scriptwriter, and the scriptwriter's remuneration for each episode is 35,000 yuan.
On July 15, 2013, **La Company signed another "TV Series Script Creation Contract" with Ms. Jiang. In addition to the signing parties being different, the contract content was the same as The "Television Script Creation Contract" signed by the aforementioned ** Film and Television Company and Ms. Jiang is completely consistent, and the signing date was August 28, 2012. At the same time, the two parties signed the Supplementary Agreement,Ms. Jiang signed the "Authorization Letter". The "Supplementary Agreement" stipulates that the novel will be published and distributed at the same time as the TV series is broadcast, and will not be published or released on the Internet before; it is agreed that **La Company will combine the rights and obligations of the "TV Series Script Creation Contract", "Supplementary Agreement", and "Authorization Letter" Transfer to a third party; license **La Company to adapt games, comics, and cartoons, with a licensing fee of 500,000 yuan. Ms. Jiang stated in the "Letter of Authorization": "**La Company can sub-authorize or transfer part or all of the contents of this Letter of Authorization to a third party without obtaining my consent."
In August 2013, **La Company and ** Film and Television Company signed the "Script Transfer Agreement" and the "Script Transfer Supplementary Agreement". In addition to retaining some rights, they will The rights and obligations of the "TV Series Script Creation Contract", "Authorization Letter", and "Supplementary Agreement" signed between the company and Ms. Jiang were collectively transferred to ** Film and Television Company for a transfer price of 3.5 million yuan. It was also agreed that Ms. Jiang's remuneration would be provided by **La Company Payment, the remuneration paid by ** Film and Television Company shall be settled according to the facts. **La Company recognizes that the signing of the above agreement has been reached with ** Film and Television Company and Ms. Jiang.
Ms. Jiang has received an adaptation license fee of 500,000 yuan and a screenwriting fee of 1.855 million yuan for the 53-episode TV series. Among them, ** Film and Television Company paid 567,000 yuan in screenwriting fees, **La Company paid 500,000 yuan in adaptation licensing fees, and 1.288 million yuan in screenwriting fees.
From August to November 2015, all six volumes of the novel "The Legend of Mi Yue" were published by **Literary Publishing House.
The court held that in this case, the backdating of the contract date did not affect the rights and obligations of the contract parties, so the simple backdating of the date did not affect the contract. The effectiveness of the "TV Series Script Creation Contract" and "Supplementary Agreement" signed by the company and Ms. Jiang will have a direct impact. The two "TV Series Script Creation Contracts" before and after were both Ms. Jiang's true expressions of intention, and their contents were basically the same, so Ms. Jiang could not perform both contracts at the same time. From the time sequence of the conclusion of the two contracts, Ms. Jiang's collection of 500,000 yuan in adaptation license fees, payment of screenwriting fees, etc., it can be determined that Ms. Jiang terminated the "Chinese New Year" previously signed with ** Film and Television Company through the performance of the contract with **La Company. TV Series Script Writing Contract".
According to the contents of the "TV Series Script Creation Contract" and "Supplementary Agreement" signed by Ms. Jiang and **La Company, she should have reasonable expectations for the transfer of the contract, in addition **La Company proved that it had notified Ms. Jiang of the transfer agreement with ** Film and Television Company. Therefore, it can be determined that Ms. Jiang was aware of **La Company's transfer of contractual rights and obligations to ** Film and Television Company, and the transfer was legal and valid. After accepting the rights and obligations of the contract, ** Film and Television Company became a party to the contract, as the plaintiff, he filed a lawsuit based on the relevant contract, which complied with the legal provisions.
According to the "Television Script Creation Contract", "Supplementary Agreement" and "Authorization Letter" signed by Ms. Jiang and **La Company, Ms. Jiang is responsible for the There is no obligation to publish the original work or publish it on the Internet before publication. Ms. Jiang did not provide effective evidence to prove that the producer agreed to publish the novel at the end of June 2015 or that the publication and distribution of the novel was authorized by ** Film and Television Company. Therefore, her behavior of publishing and distributing the novel "The Legend of Mi Yue" before the TV series was broadcast constituted a breach of contract. Should bear corresponding legal responsibilities.
The litigation claim was not supported.
According to this, the court ruled in the first instance that Ms. Jiang should immediately stop the publication and distribution of the novel "The Legend of Miyue" and also rejected other claims from ** Film and Television Company.
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