Movie, Television and Media Industry
JunHe was one of the first Chinese law firms to develop a presence in the film, television and media industries. By providing outstanding legal services to leading movie, television and media companies, JunHe has established itself as a leader in the field and has attracted top legal talent to its team of professionals, who excel at legal research, compiling business data, and communicating with their clients. JunHe has not only formed a well-educated work team with hands-on experience and the professional qualifications required at home and abroad, but it has also accumulated many clients with whom it has maintained excellent relationships.
With extensive experience and professional insight, JunHe provides exceptional legal advice, which takes into account the unique characteristics of the industry. JunHe has advised on matters such as financing and M&As and listings in the film, television and media industry. They have been involved in pre-production, filming, introductions and the licensing of film and television programs. In the advertising industry they have been involved in design, pre-production, filming, product placement, and celebrity endorsements. JunHe also has experience in acting agencies for artists and dispute settlements, as well as compliance reviews in relation to new business models (e.g. the Metaverse, NFTs, short videos).
JunHe serves many high-profile clients such as Tencent, Youku, Oriental Pearl Group, Migu, bilibili, Huawei, Shanghai Film Group, SMG Pictures, Disney, Estee Lauder, L’Oreal, Sephora, LVMH, Aoyan, CK, Lululemon, Starbucks, Porsche, Volvo and Land Rover.
Legal services provided by JunHe include:
Advising movie, TV, animation and new media clients on their daily legal matters;
Conducting due diligence for investments in movie & TV projects, licensing of well-known IP and cultural real estate projects, participating in negotiations and designing legal analysis schemes according to specific business models;
Providing legal opinions and theme memorandums for specific cultural and entertainment projects and potential disputes of clients;
Due diligence on the qualifications and performance ability of counter parties;
Drafting and reviewing investment agreements, contracting agreements, distribution agreements, and merchandising right licensing agreements in relation to movie and television series, employment agreements for creators and actors, introduction agreements, product placement agreements in relation to film and television series, artist agency contracts, and other documents in relation to the film, television and media industry;
Providing legal services including compliance analysis, advertisement reviews, compliance of e-commerce live broadcasts in relation to new business models (such as NFTs, the Metaverse, virtual property, etc.) for platforms (including e-commerce and video platforms) and advertisers;
Advising on the protection of intangible assets such as copyright, trademarks and franchise rights in the context of the cultural and entertainment industry;
Assisting clients in completing the work copyright registration procedures;
Reviewing and drafting endorsements, advertisement placements and promotional contracts for brand owners, conducting background checks on artists and reviewing copyright chains, and providing legal services including public opinion response plans;
Assisting clients in settling disputes in the movie, television and media industry, and representing clients in lawsuits and arbitration.
Recent Representative Cases
An NFT project by a video platform
JunHe provided legal services for the building of an NFT project by a video platform. JunHe participated in the design of the platform’s transaction structure and the compliance review, and drafted and made amendments to the platform service agreement, the service rules, the NFT license agreement, the letter of authorization and other relevant documents.
Co-production of Earth: One Amazing Day by SMG Pictures and the BBC
SMG Pictures and the BBC co-produced the film Earth: One Amazing Day. JunHe, acting on behalf of SMG Pictures, participated in the negotiations with the BBC with respect to the co-production agreements, as well as the distribution agreement and its amendment for the Chinese territories. During post production, JunHe participated in the drafting and amendment of various contracts in connection with distribution and publicity, new media authorizations and derivatives development licensing.
SMG Pictures’ acquisition of Xi’an Jaywalk Media & Entertainment Co., Ltd. (830951) controlled by Yang Mi and others
SMG Pictures acquired Xi’an Jaywalk Media & Entertainment Co., Ltd. (formerly Xi’an Tongda) by share transfer and private placement, which enabled the high profile actress Yang Mi and her manager to achieve Haining Jaywalk’s backdoor listing through Xi’an Tongda, the shell company. During the transaction, we provided complete legal services to SMG Pictures, including advising on the transaction structure, due diligence on the relevant companies (including in respect to the assets and business transfer arrangements between the relevant companies), and reviewing and revising the transaction documents. We also advised SMG Pictures on various issues, such as reorganization, post-transaction operations, registration and the filing of the share transfer.
Introduction of the Information Network Transmission Right and Terrestrial TV Broadcasting Rights for NBA Events by Oriental Pearl (SH. 600637)
Oriental Pearl introduced the information network transmission rights and terrestrial TV broadcasting rights for NBA events, from NBA Hong Kong. Due to the complexity of IPTV, OTT and mobile TV operated by Oriental Pearl, the parties had different understandings of the definitions and specifications of the said platforms; thus, the relevant agreement needed to be drafted and revised according to China’s actual conditions and Oriental Pearl’s technical characteristics. JunHe participated in the communication and coordination with Oriental Pearl, and in the review and revision of the agreement, and facilitated the execution of the agreement and the completion of transaction.
A dispute involving the Muse Dress trademark and unfair competition
JunHe, on behalf of Hunan Happy TaoBao Cultural Communication Co., Ltd., instituted a lawsuit against several defendants, including Guangdong Blue Flame, in respect to a dispute over the trademark of Muse Dress, a reality TV show, and unfair competition and infringement. JunHe provided full legal services to the client in the lawsuit, including evidence collection, conclusion of the lawsuit, application for injunction, and participation in the hearings. Particularly, in the hearing for the application for the injunction, JunHe applied PPT to compare the similarity between Muse Dress and the infringing programs in a detailed way, clearly presenting the facts involved in the case and the grounds for the plaintiff’s claims. Great pressure was placed on the defendants, which in turn gave the client leverage to negotiate a satisfactory settlement for the client.