Text/Chen Changye
If "The Great Wall" is a milestone in the process of Chinese films' integration into the Hollywood industrial system in the production field, the signature dispute of "Hacksaw Ridge" will become a textbook classic case of Chinese films going global, and it is likely to be the first time that Chinese producers have defended their rights by submitting a petition to the American Producers Union for attribution arbitration. The first record in the sense of legal practice will also open another window into the Hollywood industry. The entanglement of the two Chinese companies overseas that has been uncovered is another close-up of Chinese films going global.
On December 15, One Entertainment Observation reported that the signature screen of Kylin Pictures, the co-producer/producer of "Hacksaw Ridge" screened in China, was deleted, and the legal dispute surrounding this paradox incident began to ripple again on the 26th, first of all, Kirin Pictures held a press conference on the afternoon of the same day, announced to the outside world a series of evidence showing its rights and interests, including the investment agreement, and pointed out that "Xiyi Pictures was unaware of the US producer and the global distribution general contractor, It is illegal to delete an investor's signature for personal gain. ”
The official press release of Qilin Pictures on the 26th
On the evening of the 26th, Shanghai Xiyi Culture Media Co., Ltd. issued an official statement, saying that "as the global co-producer of "Hacksaw Ridge" (except in North America) and the Chinese copyright owner, Xiyi Pictures legally owns all the relevant rights and interests and rights of the movie "Hacksaw Ridge" in China, and has not signed any agreement or contract with Kirin Pictures. However, XiYi did not explain why the signature of Qilin Pictures was deleted, and did not produce relevant evidence to prove the rights and interests of its co-producers.
A statement issued by Yixi Pictures on the evening of the 26th
Who is lying in defiance of the facts? Who is ignoring the rules of infringement? Who is inside and outside the gates of the country,
Qilin : Qilin enjoys a worldwide co-production signature and knows all parties to the production, and Xiyi Pictures is not the producer
At the press conference on the same day, Pang Hong, chairman and CEO of Kirin Pictures, was not present, and he authorized Leo Shi Young, general manager of the overseas business department of Kirin Pictures and CEO of Kylin Pictures and Inc, to explain to the media the rights and interests of Kirin Pictures in "Hacksaw Ridge".
Shi Leiyong and Pang Hong are the co-producer (co-executive producer) of the film, and Shi Leiyong said that the investment in "Hacksaw Ridge" and Kirin Pictures began to intervene very early, and the contractual affairs were all involved by him on behalf of Kirin USA (that is, the signed Kylin Pictures) until the end of the project.
Cross Creek Pictures (CCP) is the copyright holder/producer of the film, which granted North American distribution rights to Lionsgate and worldwide distribution rights to IM Global (IMG). According to public information, on February 9, 2015, IMG acquired the global distribution rights of the film by investing in a close a deal to finance, and began to distribute it in the global market (quoted from the Wall Street Journal). On the same day, Lionsgate acquired the North American distribution rights to the film (quoted from The Northfield News).
In the chain of rights, strictly speaking, Kirin America and Xiyi Pictures are not directly related, which the official statement of Xiyi on the 26th confirms that there is no transaction relationship between the two parties, "and no agreement or contract has been signed with Kirin Pictures". Therefore, after The Qilin side found that the signature was deleted, it did not communicate with Xiyi Pictures at the first time, but asked the CCP, who also inquired about IMG. In addition, Qilin said that it contacted the Chinese distribution company of the film, Huaxia Film Distribution Co., Ltd., and the unit responsible for the import approval of imported films, China Film Import and Export Company. According to Qilin, all four parties said they were unaware of the deleted signature. Shi Leiyong said that the CCP and IMG statements were "incomprehensible".
At the press conference, Slayon also further displayed a scanned copy (part) of the contract between Kirin USA and CCP, which showed the rights and interests of Kirin in terms of attribution -
“...... Investors will be entitled to attribution on the screen of the film worldwide in accordance with the following agreements: (1) in the main attribution part of the film (such as where the signature of the production company, producer, director and writer appears) as "co-production company" (or in the form of attribution "co-production with XX"), and similar signatures appear on the same page, the specifications are the same as the signature of the main production company. (2) Two individuals signed "Co-Executive Producer" in the byline part at the end of the film (if they appear in the scrolling subtitle at the end of the film in the form of four-sided blank space), and similar signatures appear on the same page (no more than 4 signatures on one page), and the specifications are not less than the signatures of other co-executive producers that appear at the end of the film..." (The above translation text is provided by Kirin Pictures)
The scanned copy of the contract also shows another right enjoyed by the United States of Kirin, the right to consult -
“...... The Company shall provide investors with copies of key production, financing and distribution agreements, as well as periodic and final production cost reports..."
Therefore, In an interview with One Entertainment Observation after the press conference, Shi Leiyong said that because as one of the investors, Kirin Pictures clearly knows who the other investors in the film are, that is, they have the right to know who the signature producer (including the co-producer) and the producer are, so he also clearly knows that Bliss Media is not among the producers, but only the distribution distributor of Chinese mainland the global distributor IM Global (hereinafter referred to as IMG).
Lawyer: Demanding that Xi Yi take back all copies of the film, correct the version and apologize, Heung Has suggested that Qilin submit to the Producers Guild of America to apply for attribution arbitration
Mr. Dong Yuanyuan, legal counsel of Qilin Pictures and partner of Tianchi Juntai Law Firm, and Mr. Liu Chi, a sports and film and television lawyer and partner of Junze Jun Law Firm, provided corresponding legal opinions at the press conference on the 26th. Lawyer Dong Yuanyuan said that on behalf of Qilin Pictures, she sent a lawyer's letter to Xiyi Pictures, and exclusively provided the content of the lawyer's letter to One Entertainment Observation-
"On behalf of Kirin Pictures and Kylin Pictures, this lawyer wrote to your company as follows:
1. Within 48 hours after receiving this lawyer's letter, please immediately recall all existing copies of all films that are being distributed and screened without The signature of Kylin Pictures, and replace them with the version signed by Kylin Pictures.
2. In newspapers and websites recognized by Kylin Pictures, make a public apology to Kylin Pictures with the text approved by Kylin Pictures and clarify accordingly.
In view of your company's above-mentioned infringement, your company should respond within 48 hours of receiving this lawyer's letter. Kylin Pictures reserves the right to pursue your legal liability and financial compensation if it is late, or if it does not apologize and clarify accordingly. ”
A scanned copy of the lawyer's letter published at the scene of the 26th press conference of Qilin Pictures
Mr. Liu Chi explained the seriousness of the right of authorship in Hollywood industry norms - a strict signing arrangement is made by contract, and the change of signature by either party must be agreed by the affected parties and must have reasonable reasons.
In Hollywood's business practice, the economic benefits related to the film are directly related to the signature, and the residuals generated by the distribution window in Hollywood are taken as an example, that is, the corresponding income distribution is obtained according to the identity of the signature.
Lawyer Liu Chi said that after the film was exported to China, if there was any inconsistency between the signature and the contract, the party making the adjustment should have written communication, but unfortunately, Xiyi Pictures has not made any statement on this so far.
According to reports, the Producers Guild of America (hereinafter referred to as the PGA) has strict authorship rules for producers (produced) and producer attribution, and has the code of Credits guidelines on its official website (One Entertainment Observation's Hollywood column has a special article introduction, click to review) and has the corresponding industry arbitration mechanism of signature arbitration. Because "Hacksaw Ridge" has been nominated for a number of Golden Globe Awards, and in the eyes of overseas media, it is quite likely to win an Oscar, and the signatures currently encountered in the Chinese market have been erased, and It is possible for Kirin to suffer greater irreparable losses in the future. Lawyer Liu Chi suggested that Qilin America apply to the PGA for annulment arbitration to safeguard its legitimate and legitimate rights and interests.
In addition, considering that the distribution rights of the backend of "Hacksaw Ridge" Chinese mainland were also purchased by Xiyi Pictures, the two lawyers also solemnly stated at the press conference that the dispute over the signature of "Blood Battle Hacksaw Ridge" has been informed to the outside world through the media, and the distributors of the back-end distribution window of the film (including video websites) should pay attention to the distribution of back-end products according to the correct signature, otherwise there is a risk of joint infringement.
Qilin Pictures press conference on the 26th: (from left) Shi Leiyong, Huang Wei, Dong Yuanyuan, Liu Chi
Shi Leiyong: Xiyi Pictures is a company with empty gloves and white wolves, and it only wants to take profits
On the 14th, One Entertainment Observation (WeChat ID: yiyuguancha) interviewed Fan Xuezheng, who said that "Xiyi Pictures is a co-producer". At present, as a qilin film industry that knows who other producers have, only recognizes Xiyi Pictures as the distributor of the Chinese mainland, and Xiyi Pictures has not yet made a more powerful response to prove that it is indeed a joint producer, Fan Xuezheng said on the 14th, "We are a more realistic company, and we do not take the conditions of many more retreats so seriously, because we invested earlier and were more proactive in choosing rights and interests." ”
Fan Xuezheng told One Entertainment Observation, "The production company that appears at the end of the film is Called Cosmos Entertainment, which is an Australian company, and Xiyi Pictures is the first Chinese company to sign a contract with the project, and the right to choose is also the most generous and suitable for us." According to a September 29, 2015 report by The Hollywood Reporter, "Mel Gibson's 'Hacksaw Ridge' Begins Filming," Hacksaw Ridge is a product of Cosmos Filmed Entertainment and CCP.
However, Fan Xuezheng and Yixi have not yet provided the transaction relationship between Xiyi Pictures and Cosmos and the proof of rights enjoyed by Xiyi.
On February 9, 2015, Variety's report "Berlin: IM Global Sells Much of the World on 'Hacksaw Ridge'" showed that IMG had already sold distribution rights in major regions of the world, especially in English-speaking countries, and IMG CEO Stuart Ford said in an interview with Variety at the time, "There are still many challenges in the international market, including the depreciation of the euro, Restrictions on distribution in the Chinese market. Apparently, there was no deal with it at the time, and the choice rights that Xi Yi claimed earlier were not reflected when the film had just entered the global market for sale.
At what stage did Xiyi Pictures enter the "Hacksaw Ridge" project, and who was the counterparty to sign the contract?
The signature of Qilin America as a co-producer was deleted, was it the work of Xiyi Pictures?
Is the master tape sent by Xiyi Pictures to Huaxia Film Distribution Company a version delivered by IM Global, or a version that Xiyi Pictures has changed?
On the afternoon of the 26th, One Entertainment Observation submitted an interview request to Fan Xuezheng, vice president of Xiyi Pictures, on the above three issues, but as of press time, it had not received a response from the other party.
On the evening of the 26th, Shanghai Xiyi Culture Media Co., Ltd. issued a statement (see the illustration above), "As the global co-producer of "Hacksaw Ridge" (except in North America) and the Chinese copyright owner, Xiyi Pictures legally owns all the relevant rights and interests and rights of the movie "Hacksaw Ridge" in China, and has not signed any agreement or contract with Kirin Pictures. Xiyi Pictures identified itself as a global co-producer (except in North America) and a Chinese copyright holder, but did not respond to the reasons for the deletion of Kirin Pictures' signature, saying only that "If Kirin Pictures believes that its rights and interests are damaged, we recommend that it follow the code of conduct of the business community and assert it through legal channels and due legal procedures." At that time, we will respond positively, defending and responding according to facts and laws. ”
In the official press release of the press conference, Qilin pointed out that Xiyi Pictures was "arbitrarily deleting the signatures of investors out of selfish interests" - what is this private interest?
Kirin Pictures began to intervene in the international co-production project of "Sun Moon Mermaid" in 2013, the project was first recommended to Kirin Pictures by Han Wei (founder of Xiyi Pictures) and Bill Mechanic, and then Kirin Pictures cooperated with Han Wei and Bill Mechanic to varying degrees on the three international co-production projects of "Sun Moon Mermaid", "Blood Battle Hacksaw Ridge" and "Birth of the Dragon", but the three projects have triggered contradictions between Kirin and Han Wei to varying degrees, and disputes have continued in the past three years. Shi Leiyong, who has been handling the international co-production business on behalf of Kirin Pictures in the United States, said at the end of the press conference, "With a company with empty gloves (white wolf), companies that only want to take benefits, sooner or later there will be conflicts." ”
Limited by space, this article will not elaborate on the story behind this, One Entertainment Observation will continue to track the cooperation and entanglement between Kirin Pictures and Xiyi Pictures in the past three years this week - because a large number of cooperation affairs between the two sides are carried out in Hollywood by American companies, the large number of disputes and lawsuits generated by Chinese capital, how Chinese filmmakers go to sea, how to adapt to Hollywood rules, and how to face the various pits and abductions on the other side of the ocean have extremely important reference value. Please pay attention to One Entertainment Observation (WeChat ID: yiyuguancha).
"Hacksaw Ridge" has now grossed more than 300 million yuan in the Chinese market, nearly 63.5 million US dollars in North America, and 39.85 million US dollars in overseas box office (including China). The film has been nominated for The Golden Globe Award for Best Picture, Best Director, and Best Actor in a Drama Series.
One Entertainment Observation (public number ID: yiyuguancha) wants to be a telescope and sonar for the Chinese film industry and the pan-entertainment industry.
*The article is the author's independent opinion and does not represent the position of Tiger Sniff Network
This article was published by Tiger Sniff Network with the permission of One Entertainment Observation and edited by Tiger Sniff Network. Reprinting this article requires the author's consent and please attach the source (Tiger Sniff Network) and a link to this page. The original link https://www.huxiu.com/article/176122.html
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