Movie, Television and Media Industry
JunHe was one of the first Chinese law firms to develop a presence in the culture and media industry. By providing outstanding legal services to leading film, television and media companies, internet platforms, global famous brands, and major advertising agencies, JunHe has established itself as a leader in the field and has attracted top legal talent to its team who excel at legal research, compiling business data, and communicating with their clients. JunHe has formed a highly educated team with hands-on experience and the professional qualifications required at home and abroad, and maintains excellent client relationships.
With extensive experience and professional insight, JunHe provides exceptional legal advice, which considers the unique characteristics of the industry. JunHe has advised on matters such as due diligence, financing and M&As and listings in the culture and media industry. They have been involved in pre-production, filming, introductions and the licensing of film and television programs. In the advertising industry JunHe’s team have been involved in design, pre-production, filming, product placement, celebrity endorsements and compliance reviews. JunHe has experience in artist agencies and dispute settlements, handling and coping with public opinion crisis and compliance reviews in relation to new business models (e.g. the Metaverse, NFTs, virtual property and AI.).
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 film, TV, animation and new media clients on their daily legal matters;
Conducting due diligence for investments in movie & TV projects, licensing of 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 client disputes;
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, employment agreements for creators and actors, introduction agreements, product placement agreements in relation to film and television series, artist agency contracts, and other legal documents in relation to the culture 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;
Assisting clients in completing 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;
Representing companies in handing public opinion crisis in order to protect the reputation of companies and entrepreneurs;
Assisting clients in settling disputes in the culture 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.
SMG Pictures’ acquisition of shares held by a well-known artist and others in Xi’an Jaywalk Media & Entertainment Co., Ltd. (830951)
SMG Pictures acquired Xi’an Jaywalk Media & Entertainment Co., Ltd. (formerly Xi’an Tongda) by share transfer and private placement, which enabled a high-profile artist and her manager to achieve Haining Jaywalk’s backdoor listing through Xi’an Tongda, the shell company. During the transaction, JunHe provided complete legal services to SMG Pictures, including advising on the transaction structure, conducting 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 Rights 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 relevant Chinese and English agreements needed to be drafted and revised according to China’s unique conditions and the client’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 the 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.
A RMB 180 million reputation infringement claim
JunHe represented a famous financial media journal and journalist to defend against a well-known instant noodle enterprise in a reputation infringement claim of up to RMB 180 million. JunHe represented the client in the trial, including issuing legal opinions, making litigation strategies, preparing defense documents and detailed evidence documents, and finally won the case. The court dismissed all of the plaintiff’s claims.