On June 21, 2017, The second session of the Sino-American Entertainment Law Summit Forum "in the Beijing University of Kaiyuan floor, a lecture hall successfully held by the United States Patent & Trademark Office, Loyola Law School Los Angeles, Peking University Law School and Beijing Film Academy. This forum focuses on the Sino-US entertainment and cultural industries related to the frontier legal issues in-depth discussion, and strive to deepen Sino-US Entertainment Law industry exchanges and cooperation to promote the exchange of Entertainment Law between the two countries.

This forum is jointly sponsored by BaiDu Company, ZhongYun Culture Data Technology Co., Ltd., Maradona International Brand Management Co., Ltd. and Beijing Sapphire Law Firm.

The forum invited relevant government official, ssenior scholars, lawyers, corporate legal advisers and other participants from China and the United States. The forum around six aspects such as "Sino-US entertainment industry's new progress", "China's intellectual property protection environment for the development of the entertainment industry" "Opportunities and Challenges for Cooperation and Investment in the Entertainment Industry", "Experiences and Challenges in the Practice of Sino-American Entertainment Law", "Business Opportunities and Institutional Support in Sino-US Entertainment Industry", "Potential Change in Entertainment Law" made in-depth discussion.

On the opening ceremony, Yu Aiqun (the forum by the State Press and Publication of SARFT Policy and Law Division), Joel Blank (the US Embassy Intellectual Property Commissioner), Song Haiyan (Los Angeles Loyola University Law Professor), Wu Manfang (Beijing Film Academy School of Management), Mark Cohen (the United States Patent and Trademark Bureau of Senior Counsel), Zhang Shouwen (Dean of Peking University Law School) deliverd the opening speech. Zhang Ping, Professor of Peking University Law School presided over the opening ceremony.

 

Zhang Ping, Professor of Peking University Law School presided over the opening ceremony

Yu Aiqun, Director of Policy and Law Division, SARFT, said that the forum was held at the right time. The combination of the Entertainment Industry, productivity, and the production elements, brought about the integration and fissile of Entertainment. The Entertainment Industry is running on a rapid development period. By the way, the Entertainment law is to become a complex legal department, involving intellectual property, finance, labor, contracts, social law and other fields. The Entertainment Industry is developing due to demand, and the Entertainment Law is also adapted to change. The "People's Republic of China Cultural Industry Promotion Law", which is currently being formulated, is also aimed at further promoting the prosperity and development of the Entertainment Industry.

Joel Blank, an IP correspondent at the US Embassy in China, said that movies, music, books and even games were able to gain insight into different ideas and cultures and different ways of observation. Entertainment industry is facing legal regulation, market access and other aspects of the problem, and these problem may affect or hinder the development of the Entertainment Industry. China is revising the Copyright Law and is committed to providing better legal protection and regulation for the Entertainment Industry, including video games. Joel Blank looks forward to the fact that all countries and experts can communicate with each other under the concept of Entertainment Law.

 

Professor Song Haiyan of Loyola Law School Los Angeles said that cases involving media industry are abundant, which includes publishing, music, television media and movie. Legal issues of the cases include not only Intellectual Property, but also contract, labor, antitrust, anti-unfair competition, protection of personal rights, right of personal image and right of privacy.

 

The dean of the college of management of Beijing Film Academy said that the first Sino-U.S. Media Industry Forum was held successfully in Los Angeles last November, which established a wholly new platform in legal perspective for the communication and cooperation between China and U.S. in the area of the media industry. The forum was hosted by China this year, which plays an important role in facilitating development of the media industry, international communication and overseas investment of companies. How to seek win-win situation in development and make the media industry of two countries blend in with each other is both a challenge and an opportunity for colleagues in the media industry.

 

Mark Cohen, Senior Legal Adviser to the US Patent and Trademark Office, said that the exchange of Chinese and Western cultures has a long history.

Disney made the story of Mulan adapted into a film, Austrian composer Gustav Mahler made Li Bai's works to the large symphony "song of the earth". In 1940, the popular song "Rose Rose" (Rose, Rose, I Love You) was very popular in the United States. Mark Cohen hopes to strengthen the protection of intellectual property, to help create more opportunities and creative talent.

Zhang Shouwen, Dean of Peking University Law School said that, with the growing demand for cultural life, to the entertainment industry as a prominent representative of the cultural industry to obtain more room for development; entertainment law research related to much more different areas of law. Colleges and universities will make more contributions in the personnel training, scientific research and social services, which can be very good to reflect the contemporary university functions.

 

Zhang Shouwen, Dean of School of Law, Peking University at the opening ceremony

 

The opening ceremony of the 2nd China - US Entertainment Law Summit Forum

The first roundtable discussion presided over by Song Haiyan, Los Angeles Loyola University law professor.Liu Chuntian (Dean of School of Intellectual Property, Renmin University of China), Wu Manfang (Dean of School of Management, Beijing Film Academy), Gao Si (Deputy Director of Policy and Law Department of National Press and Publication), ANG KT (Director of Asia, Deputy Director-General of China Music Copyright Association, General Counsel) Peng Wei (Director of Copyright Protection of China Film Association), Tan Jun (General Manager of Baidu Legal Department, participated in the roundtable forum). The meeting focused on the new development of the Sino-American entertainment industry from 2016 to 2017. Topics include annual entertainment law events, and about how to protect the protection of sports events broadcast programs, how to look at last year's film box office growth stagnation, how to make better use of the music industry growth momentum and other issues.

 

The first roundtable discussion

  

The second keynote speech presided over by Neil Graham, legal adviser of the United States Patent and Trademark Office. Song Haiyan (Los Angeles Loyola University Law School Professor), Yang Ming (Peking University Law School Professor), Yang Jing (Beijing Intellectual Property Court Research Office Director), Yan Bo (deputy director of the Central Television Office of Copyright and Legal Affairs), Song Haining (partner ofJun He Law Firm), and Eric Priest (Professor of Law School of Oregon University) delivered keynote speech on "Sino-US Protection of Intellectual Property in Film, Television, Music and Game Industry". The contents of the speech include the latest development of Chinese entertainment law in 2016, the copyright boundary and fair use in the live webcast, the intellectual property disputes in the development of entertainment law, the copyright protection of the live broadcast program, the exercise of the rights of the copyright owner, the differentiation of the music licensing market Integration and so on.

 

The second keynote speech

 

The lunch conversation was hosted by the dean of the college of the International Education of Beijing Film Academy, Li Ran. Professor Justin Hughes of Loyola Law School Los Angeles, and the famous producer, director, play writer and the former president of Hong Kong Film Awards in Hong Kong, Wen Juan took part in the conversation. They shared their opinions about the IP development, the changes of the recreation industry and the development of Chinese film industry in the future.

 

Lunch session

  

The third symposium was hosted by the legal consultant of United States Patent and Trademark Office, Duncan Willson. The presiding judge of the court of Chao yang district, BeiJing, Lin ziyin, the legal consultant of United States Patent and Trademark Office, Duncan Willson, the chief legal consultant of Huayi Brothers Media Group, the legal consultant of TencentQiu shaolin, the vice President of NBC Universal International in China caolin ping, and the partner of Jin Cheng Tong Da Law Office, zhoujunwu gave speeches about the legal problems in film ,Tv, music and game industry. Their speeches included the legal protection of delegate creating  contract, the protection of the names of the celebrities in America , the contract risk management of film production and releasing by chinese media companies, the legal problems in the games acting projects, the commercialization of IP and the treatment of disputes of the brokerage contract of entertainment.

The third theme speaks

 

The fourth Round Table Discussion was hosted by the senior legal consultant of the United States Patent and Trademark Office, Mark Cohen. The professor of the law school of Peking University, ZhangPing, the partner of  Hogan Lovells Law Office, Sheri Jeffrey, the CTO of CDI –China, tan jian, the partner of Harris Bricken Law Office, Mathew Alderson, the CEO of e qianbao，jinhongzhou and the director of BeiJing Sapphire Law Firm ,He shengwen discussed the challenges and opportunities of Media industry. The discussion included the influence of technical changes to media industry, the trend of the co-production by China and other countries, the different income resources of film industry, the Pre-litigation prohibition in the juridical practices, the application of Mid-litigation prohibition, the obligation of the infringement of copyright and the economical development of the reaction of the senior citizens.   

 

Fourth roundtable discussion

The closing ceremony of the forum was addressed by the secretary of the party committee of the law school of Peking university Pan jianfeng, Mark Cohen from the United States Patent and Trademark Office and Song haiyan from Loyola Law School Los Angeles.

Pan Jianfeng, Party Secretary of Peking University Law School do the speech

The party committee of the law school of Peking university, Pan jianfeng, said it was a great success.He said that the entertainment law is a way to  solve related social problems of the media industry. The entertainment law is related to the Constitution, Civil law, Intellectual property law, Civil law, Administrative law and Labor law. It is a necessary to hold the forum.

 

Mark Cohen from the United States Patent and Trademark Office said that this forum is of great historic significance, and thanked the all the attendees and he is looking forward to discus with them in the following party.

 

Song haiyan from Loyola Law School Los Angeles thanked all the attendees and she wishes all the attendees could attend the next forum.

 

After the the closing ceremony of the forum, the attendees came to the guoshuang courtyard to continue their discussion.

 

Cocktail party

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Meeting room panorama

Figure / Li Jun

Text / Wang Cong

The second session of the Sino-American Entertainment Law Summit Group provides the manuscripts

 

Translated by：Ren Xuetong

Edited by: Lei Qi