Reporter | She Xiaochen
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After more than two months of suspension, the eating blogger "Lang Stomach Immortal", who has more than 30 million Douyin fans, reappeared in front of the camera because of the dispute over interests.
Recently, You Shu (screen name), who claimed to be the founder of the "Lang Stomach Immortal" IP, issued a statement saying that the company and the "Lang Stomach Immortal" himself (real name "Li Hangze") had a dispute, so it was not updated for several months.
You Shu said that Li Hangze and colleague Xiaolan planned to set up a new company during their employment, and then took away the company's business cooperation opportunities, some employees and shooting equipment, and opened a new account. At the same time, the original "Lang Stomach Immortal" account was also renamed "You shu".
Subsequently, Li Hangze issued a statement on the new account "Real Lang Gasseng" that the reason for the termination of cooperation between Him and You Fu was that there was a big dispute between You Shu and the original company Tianquan Star Company about the ownership of the account of "Lang Gastric Immortal", and "continued cooperation will face major risks." ”。
The statement said that the "Lang Stomach Immortal" account was indeed registered in the name of Youxu, but the company was jointly established by both of them. You Shu has always believed that the "Lang Stomach Immortal" Douyin account belongs to him personally, but in October 2020, Tianquan Star Company filed a lawsuit against You Shu and Li Hangze, claiming that the account belonged to the company.
At the company's equity level, Li Hangze said that You Shu is just an ordinary employee of the company, and a large amount of equity is held by others. In addition, Li Hangze said that deleting materials and taking away equipment and equipment are normal behaviors.
On the evening of March 8, You Shu conducted a live broadcast on Douyin and said that he would continue to create content. However, as of press time, YouXu has not responded to the matters mentioned in the above statement.
At present, the limited information is that according to the data of Tianyancha, the general manager & executive director of Chongqing Tianquanxing Culture Media Co., Ltd. is indeed You Caimei (You Caimei's real name), and its shareholding ratio is 40%. In addition, the company's legal representative was changed in August last year; in December 2021, Li Hangze and Tianquanxing Company had related labor disputes.
Image source: Sky Eye Check
In the era of rapidly changing short videos, the game between bloggers and institutions is often in the news.
In April 2020, the self-media blogger "Lin Chen" published a video of his rights protection, accusing the institution of claiming 3 million yuan from him for the divergence of commercialization routes. There are also many cases of head Internet celebrities: in October 2021, Li Ziqi, the head short video blogger, stopped for several months and sued the MCN institution micro-reading that originally belonged to the court.
In this dispute over the "Lang Stomach Immortal", the right and wrong of the two sides have not yet been determined. According to Youxu's description, she found Li Hangze in Chongqing, and the account was created by her and Li Hangze, and her profit dividend in the live broadcast project was 30%.
But the contradiction ultimately focused on two aspects: the ownership of the "Lang stomach immortal" IP and the property rights of the video content.
You Yunting, a senior partner at Shanghai Dabang Law Firm and an intellectual property lawyer, told Interface News that there is currently no explicit law on the account ownership rights of Internet celebrities, "If the two parties do not agree, generally who controls the account will belong to whom." "However, if there is a statement of rights in the video in the account, and the account is a company account or a personal account, the statement shall prevail."
The hard disk materials formatted by Li Hangze actually belong to "job works". You Yunting explained, "If the labor contract between the two parties does not specifically stipulate that the intellectual property rights created by the employee belong to the company, then even if the video is produced by the employee in the original company, it is also a job work." The copyright of the service work belongs to the employee, but the employee does not have the right to license the use of it to a third party for two years after leaving the company. ”
According to YouXu's description, in the previous cooperation, Li Hangze was responsible for content creation and shooting, and YouXu himself was responsible for business and management. From this point of view, the copyright of video material does belong to Li Hangze.
However, in terms of account assets, the previous agreement between the two parties has become an important criterion for judging infringement, and the specific results depend on the subsequent progress. According to You's reply to fans, the two sides are already going through legal procedures.
In any case, bloggers and institutions often lose both in this type of dispute.
For small and medium-sized bloggers, they are usually in a weak position, and litigation with institutions means a lot of time and energy costs; for big bloggers, legal responsibility, reputation and fan loss are also risk factors. As for an institution like Tianquan Star, which only has one IP, "Lang Stomach Immortal", the departure of the blogger team almost means that it needs to make a comeback. The case of the "Lang Stomach Immortal" once again taught the industry a lesson.