12/4 Latest report on "Party B must unite"

Conclusion: The Aboriginal Cultural Enterprise Foundation is willing to review the contract in its entirety, and adjust the content of the contract in the direction of "both Party A and Party B share the copyright". I still won't return to Alian Radio to bid (the program will be completed on 12/29), but I am very willing to affirm that they set an example for the public media, and wish the host who takes over next year a happy job and the radio station is getting better and better.

The matter is far from "ending": there are still too many "Parties B" who continue to be bullied. We must continue to unite and speak out, let "Party A" come out and face it, and stop pretending to be asleep.

Tell me a little bit about the past week.

On the morning of December 2, it was the first time in my life that I had the experience of the press conference of the Legislative Yuan. Su Qiaohui, Fan Yun, Wu Lihua, Zhang Liao Wanjian, Lin Changzuo, Lai Pinyu and other legislators all participated in this press conference initiated by the Documentary Union to fight for the rights and interests of the majority of "Party B" (in addition to these legislators, member Wang Wanyu also Very concerned about my business and assistance, thanks). This event has been planned for a long time. Last week, my story was published in the media. The Documentary Workers Union contacted me and said that video workers are often forced to sign a contract with “Party A as the author and give up exercising the author’s personality.” It is hoped that the "Party B" in different fields will speak together. Ye Meiyao, the editor-in-chief of New Classics Culture, also came forward to support the event. Hu Qingfang, the director of the Academy of Culture and Policy, came to show concern in her personal capacity. Many media came, and most of the reports conveyed the opinions of the Documentary Union and several committee members.

Regarding the dispute between me and the Alian Radio/Aboriginal Cultural Enterprise Foundation over the host contract, the Foundation held a board meeting last Saturday (11/28) to discuss the matter with a provisional motion and made the following resolutions:

A special meeting will be held within two weeks to discuss the content of the contract for program production and broadcasting that will be implemented in the next year: "Party B's work completed due to the performance of the contract shall be assigned to Party A at the same time as the work is completed, and Party B shall give up the exercise of the work. Personality rights.” Whether to adjust and correct.

On the morning of Tuesday (12/1), I received a message from Zeng Jinman, Director of the Film and Television Department of the Ministry of Culture, saying that Minister Li Yongde has given special instructions. The Ministry of Culture supports creators in owning copyrights and is willing to continue to provide assistance to creators. In the afternoon, I visited Qu Xiaowei, director of the Strategic Research Office at the Institute of Cultural Affairs and Policy. She and her colleagues provided many valuable suggestions, as well as detailed explanations on cultural and creative law, procurement law, intellectual property rights and innovation platforms. I am very grateful.

On Tuesday afternoon, Fan Yun and Wu Lihua invited the Foundation's Chairman Maraos, CEO Ma Gaidan, Manager Ma Yao Gumu and other colleagues to the Legislative Yuan to discuss the matter. The Foundation promised to move towards "copyright ownership". Amend the contract. Fan Yun shared the details on her Facebook account , and put forward specific countermeasures for the common phenomenon that "Party B" is forced to sign unequal contracts. It is recommended that every concerned friend read it.

The Foundation's commitments include the following:

 1. The original Guangtai contract in the next contract is based on the principle of co-sharing and sharing, and the words "all the property rights of its copyrights will be transferred to Party A at the same time as the work is completed" will no longer appear.

2. "Party B renounces the exercise of the personality rights of the author" written in the original contract is actually redundant, and there will be no more contracts in the future.

3. As stated in the original contract, "Party B promises that its personnel (including but not limited to guests and staff) will complete the works due to the performance of the contract, and agree with its personnel that Party B is the author and enjoys the property rights and personality rights of the copyright." The responsibilities undertaken are not equal, and the original text will also be reviewed and corrected.

4. For the procurement cases that have been announced in 2011, because the case has been closed, the contract announced will not be changed at present; after all the fair and open selections are completed, based on the protection of the rights and interests of the creators of Party B, the contract will be changed with Party B.

5. For the procurement cases that have not been announced in 2011, the contracts when they are announced next will be dealt with in accordance with the principle of pre-opening.

6. The original text conference will convene experts, scholars and creators tomorrow (12/2) to have a more in-depth discussion on the purpose of publicity of the original radio station, inheritance of aboriginal culture, protection of the rights and interests of art and literature workers, and avoidance of commercialization of culture and art. , how to implement it in terms of regulations and systems; it is expected that there will be a complete treatment within two weeks.

The Foundation is willing to take the lead in changing the contract with the broadcast host, changing the copyright to be jointly held by both parties, and deleting unreasonable content such as "giving up the exercise of the personality right of the copyright". I would like to encourage and affirm it. And I hope that such a leading demonstration will allow more public media to follow up and get rid of such unreasonable provisions.

On Thursday (12/3), I recorded the program on Alian Radio for the last time. After the end, several colleagues sent me densely written cards and gifts. I was very moved. The manager and deputy manager also came to greet me and gave me some souvenirs. Thank them. I also said that if the radio station needs me in the future, such as classes and assessments, I am willing to help, you are welcome.

On Friday (12/4), the Hakka Public Communication Foundation issued a press release , stating that it would follow up with the practice of Alian Radio and improve the content of the foundation's "copyright" and "authority rights" contracts:

 Regarding the copyright dispute between the Alian Aboriginal Radio Station and the program host Ma Shifang, the Foundation also immediately reviewed the relevant contract content of the national "Speaker Radio Station" and the Foundation's public bidding to fight for Party B's creative rights. Comprehensively revise the contract of cooperation with Party B. In the future, the content of the contract signed by the Foundation and Party B will be formulated in the direction of "copyright shared by both parties" and "Party B fully retains the personality rights of the copyright", so as to protect the rights and interests of creators and create a joint creation of A and B. good win-win partnership.

In addition, for contracts or copyright ownership such as "2020 Creative Hakka Short Film Selection Competition", "110 Annual Speaker Radio Program Production Labor Service Procurement Case" and internal "Consent Form of Respondents", which have been publicly selected by the Foundation, For the contract, the Foundation has inquired about Party B, and simultaneously corrected it to "Party A and Party B share the common ownership" and "Party B fully retains the personality rights of the copyright", hoping that the Foundation can become a model for the media and create a good creative environment.

Zhang Zheng, the director of China Central Broadcasting Station, which I serve as a director, also said that he is working on the revision of the host's contract, in the direction of "shared and shared by both parties".

This is an exciting good thing. I hope more "Parties" can see the good and think together, and stop pretending to sleep.

Regarding the rights and interests of the creators of "Party B", the current laws, from the "Basic Law of Culture" to the "Measures for Procurement of Culture and Art", all protect the creator's copyright property rights and copyright personality rights. Article 17 of the "Measures for the Procurement of Culture and Art" clearly states that "If the agency has assessed that there is a situation in which the copyright is used, the principle of obtaining the authorization of the copyright is the principle." However, the law is relatively new, and the public sector contractors may not be clear, so they still follow the old rules. Regulations, the spirit of legislation has not been well implemented.

This is not just a public sector problem, many creators may not know that their work is also "cultural art" and is protected by the "Cultural and Creative Law" : advertising, design, pop music, architecture, digital content, creative life, animation... … are all in the category of “culture and art”. At the press conference, I also called on the majority of "Party B" to understand their rights and interests. After all, the general direction of national cultural policy is on our side.

I also call on "Party B" who has been treated unfairly to make good use of the existing complaint channels (every public sector tender and procurement case must have a complaint channel attached). Only when "Party B" unites and speaks out, our initiative can Potential for massive change.

In the end, we really want to do "Party B" T-shirts for charity sale, and we are busy contacting manufacturers and channels, and the design is almost the same. The whole world is here to help, I'm so touched! Hopefully details will be announced soon, surprises guaranteed!

Party B must be united, unity is really powerful!

12/5/2020 Home in Taipei