In recreational group,
Actor and broker company
Because end an agreement makes the example of dispute,not be in a few.
Before paragraph time,
Deng violet chess is in small gain dispatch,
Announce and end an agreement of music of broker company hummer.
Actor end an agreement is constant some thing,
Both sides is good it is good to had gotten together to come loose.
Small gain cut pursues
But subsequently somebody explodes makings: After Deng violet chess leaves hummer music cannot reuse " Deng Zi chess " this name, during because be in,the autograph restricts hummer music limited company, the company is used " Deng Zi chess " reach " G.E.M. " registered many trademark.
This thing returns neither one result at present, a lot of facts of backside still cannot be judged. But after Deng Zi chess and broker company end an agreement, "Deng violet chess " who does this name belong to after all? Is incognito in that way? We listen to professional lawyer how to say together.
1
After end an agreement, can stage name still continue to cry?
Office of attorney of Shanghai big country is high You Yunting of lawyer of copartner, intellectual property thinks, whether is the application that should see stage name trade mark above all both sides negotiates consistent outcome, the acquisition of such brand just is lawful and effective. Next, stage name has typical individual color, condensing the individual fascination with particular actor and act art characteristic, have certain person property, if its attributive broker company, what cause the public easily is promiscuous, from the point of this one angle, stage name rights and interests should put in actor individual 's charge all.
To this problem, beijing is filled with division (Shenzhen) Zhang Ping of controller of group of law of recreation of medium of attorney office culture also holds similar point of view. Zhang Ping thinks, stage name attributes the full name advantageous position of actor, fasten the one part that character counterpoises, it is a kind of absolute power. The intellectual property of stage name and full name counterpoise, through long-term precipitation, had built a kind with him actor close together, exclusive, stable corresponding relationship. Accordingly, broker company has no right to prohibit actor continues to use stage name.
2
Do stage name and trade mark right have conflict?
If actor enjoys the right to stage name, and broker company enjoys legal trademark right to this name, both how is the conflict between solved?
Zhang Ping thinks, brand is special counterpoise and cannot defy the full name counterpoises completely, trade mark right basically applies at commodity to serve a field, cannot undertake to all domains with trade mark right he is used be discharginged simply.
Particular branch is two kinds of circumstances: One kind is, actor registers be related to brand of broker company application not know the inside story, company do sth without authorization is registered, so, actor can pass application declare trade mark invalid, cancel, sue the means such as tort to hold the right; Another kind is, affection of artisan work prophet and agree with accredit, this kind of circumstance should treat bilateral negotiation condition, if cannot talk things over, according to trademark law thirtieth 2 set " application brand registers the prevenient right that must not damage other to have " , actor can apply for declare brand to disable with prevenient obligee name.
In fact, about grabbing the incident common occurance that notes celebrity full name to make trade mark, in judicatory practice, also there is no lack of the case that win the lawsuit. For example, 2017 Liu Chunyan with " scarab " brand encroachs his for full name authority, application declare brand is invalid, win forensic support finally.
3
Is song copyright become " bubble " ?
Besides stage name, the problem that the public cares more is, is the actor after end an agreement returned whether continue to sing its to become great musical composition?
To this problem, two lawyers all think the puts in accessory body 's charge to want to see bilateral contract agreement of song copyright. If the singer agreed in the contract reservation oneself demonstrates power to music purpose, so him singer after end an agreement can continue to sing, but the company is singing a circumstance to wait undertake be limitatived strictly; If broker company owns copyright of these a general term for ci and qu, when that actor performs these work again, agree with respect to what ought to acquire former manager company.
Can see, the dispute of end an agreement of actor and broker company, be destined is a seesaw battle, of the rights and interests that is faced with a lot of numerous and jumbled contend for, the copyright of stage name brand, song crucial content that will be contention. Best situation is broker company and actor of course friendly talk things over, take out the plan that a both sides can accept.
