Food blogger "langweixian" has a dispute with the organization. Whose assets does the online Red account belong to?
2022-03-10
After stopping for more than two months, the fans of the shaking fans were more than 30 million of the "tiktok", who had been reappearing in front of the camera. Recently, Youxu (online name), who claims to be the founder of "langweixian" IP, issued a statement saying that the company had a dispute with "langweixian" (real name "Li hangze"), so it had not been updated for several months. You Xu said that during their tenure, Li hangze and his colleague Xiaolan planned to set up a new company on their own, and then took away the company's business cooperation opportunities, some employees and shooting equipment to open a new account. At the same time, the original "langweixian" account was also renamed "Youxu". Subsequently, Li hangze issued a statement on the new account "real langweixian", saying that the reason why he terminated cooperation with Youxu was that Youxu had a big dispute with the original company tianquanxing company over the ownership of the account of "langweixian", and "continued cooperation will face significant risks". The statement said that the "langweixian" account is indeed registered in the personal name of Youxu, but the company is jointly established by both of them. You have always thought that the "wave stomach" trembling account belongs to its individual, but in October 2020, tiktok filed a lawsuit against Yu Xu and Li Hangze, claiming that the account was owned by the company. At the equity level of the company, Li hangze said that Youxu is only an ordinary employee of the company, and a large number of equity is held by others. In addition, Li hangze said that deleting materials and taking away equipment are normal behaviors. In the evening of March 8th, Yu Xu made a live broadcast of the tiktok, indicating that he would continue to create content. However, as of press time, Youxu did not respond to the matters mentioned in the above statement. At present, the limited information is that according to the data of tianyancha, the general manager and executive director of Chongqing tianquanxing culture media Co., Ltd. is indeed you Caimei (the real name of you Xu), whose shareholding ratio is 40%. In addition, the legal representative of the company changed in August last year; In December 2021, Li hangze had a labor dispute with tianquanxing company. Source: tianyancha In the rapidly changing era of short video, the game between bloggers and institutions is common in newspapers. In April 2020, we media blogger "Lin Chen classmate" released a video on rights protection, and the complaint institution claimed 3 million yuan from him because of the difference of commercialization route. There are also many cases of head online popularity: in October 2021, head short video blogger Li Ziqi stopped for several months and took the original MCN organization micro Nian to court. In the dispute over "langweixian", the right and wrong of both sides have not been decided yet. According to Youxu's description, she found Li hangze in Chongqing. The account was created by her and Li hangze together, and its profit dividend in the live broadcast project was 30%. However, the contradiction finally focuses on two aspects: the ownership of langweixian IP and the property right of video content. If yunbang has no legal agreement on the ownership of the general partner's account, it will be told by both parties that if yunbang has no legal ownership of the account, the senior lawyer will have no legal ownership of the general partner's account However, if there is a right statement in the video in the account, if the account is a company account or a personal account, the statement shall prevail. The hard disk material formatted by Li hangze actually belongs to "job work". You Yunting explained, "if there is no special agreement in the labor contract between the two sides that the intellectual property rights created by the employees belong to the company, then even if the videos are made by the employees in the original company, they also belong to the work of duty. The copyright of the work of duty belongs to the employees, but the employees have no right to license the use of a third party within two years after leaving." According to Yu Xu's description, in the previous cooperation, Li hangze was responsible for content creation and shooting, and you Xu was responsible for business and management. From this point of view, the copyright of video materials does belong to Li hangze. However, in terms of account assets, the previous agreement between the two sides has become an important standard for judging infringement, and the specific results depend on the follow-up progress. According to Youxu's reply to fans, the two sides are already going through legal procedures. In any case, bloggers and institutions usually lose in such disputes. 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 loss of fans are also risk factors. As for organizations with only one IP like tianquanxing, the departure of the blogger team almost means that they need to make a comeback. The case of "langweixian" once again taught a lesson to the industry. (Xinhua News Agency)
Edit:Li Ling Responsible editor:Chen Jie
Source:Jiemian
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