2065438+At the beginning of 2007, Ms. Sun in Shanghai received a phone call claiming to be a staff member of a TV station. The other party said that her 8-year-old son, Xiao Liang, had entered the selection process for filming a micro-film on a certain channel and asked her to take her children to an interview. Then, Ms. Sun received a short message with the time and place of the interview. Ms. Sun found that the interview place was inside the TV station, so she took her children to the interview with confidence.
On the day of the interview, Ms. Sun saw many posters printed with "TV network sitcom shooting" and pictures and videos of other children shooting microfilms. The interview teacher's business card is also printed with the words "artistic director and director of column group", which makes her feel "very formal" A few days later, she was told that Xiao Liang had entered the second interview.
After the second interview, the column group praised the children for their excellent performance and could enter the crew to shoot, but they still need the guidance of professional teachers to shoot formally. In the agreement, the other party promised to "shoot 100% within one year, broadcast 100%, and return 100% unconditionally in full in case of default". Ms. Sun readily signed cooperation agreements and sponsorship agreements with media companies, and paid training fees, packaging promotion fees, etc. 15000 yuan.
Throughout the summer vacation, Ms. Sun accompanied many places for training and filming, and she paid for her own accommodation and travel expenses. At the shooting scene, she also met other parents who also took their children to shoot micro-movies. These children range from three or four to seven or eight years old. "They said that depending on the role, the promotion fee or sponsorship fee paid is different, ranging from 8,000 yuan to 1000 yuan." During this period, Xiao Liang participated in three "movies".
However, until the agreement expired in April, 2065438+2008, Xiao Liang's "movie" was still not aired. Ms. Sun repeatedly asked about the film broadcast process, and the media company prevaricated for various reasons such as the expiration of the schedule and refused to refund the fee. In the end, the media company told Ms. Sun that a film she participated in could not be broadcast because the third party lost the master film in the production process.
At this time, parents have been "not peaceful". Other parents also reported that the films in which their children participated were not broadcast for various reasons. Several of them are no longer "broadcast" on TV, but the media company gave a network video link, which has exceeded the agreed time.
In the case of Ms. Sun, the court of first instance ruled that the behavior of the media company constituted a breach of contract and should be fully refunded. The media company expressed dissatisfaction and appealed to the Shanghai No.1 Intermediate People's Court.
In the second trial, the media company argued that, first of all, the loss of the master film was the responsibility of the third party, which was force majeure and could not be refunded; Second, the "100% broadcast" in the contract does not specify the platform on which it must be broadcast; Third, the sponsorship fee belongs to the parents' free gift to filming and should not be refunded.
The court of second instance held that the cooperation agreement signed by the media company and Ms. Sun and others was the true intention of both parties and was legal and valid. Failure to perform the contract due to reasons other than the case is not force majeure; The broadcast time has exceeded the validity period of the agreement and still constitutes a breach of contract. In view of the fact that the media company failed to fulfill its promise of "being filmed 100% within the validity period, being broadcast 100%, and being unconditionally refunded in full in case of breach of contract", the court supported Ms. Sun's claim for "full refund". In addition, the court held that the Sponsorship Agreement and the Cooperation Agreement were a whole, and the sponsorship fee paid by Ms. Sun and others was conditional, not a simple gift. Because of the behavior of the media company, the additional conditions have not been met, and the sponsorship fee should also be refunded.
Earlier, some media disclosed that some lawless elements contacted minors online in the name of "Child Star Brokerage Company" and asked them to upload indecent photos. A number of videos show that chatting objects nicknamed "Children's Wear Design Company" or "Child Star Selector of CCTV Children's Channel" usually type in the dialog box on the grounds of "investigating the physique of child stars and Tong Mo" and ask these girls to take off their coats and underwear step by step to reveal their private parts. Many minors with "child star dreams" have been cheated and there is no way to defend their rights.
A person who has been engaged in performing arts brokerage for a long time said that there is no specialized child star training company in China. "There are few child star companies, just intermediaries, responsible for simple training and contacting the crew, but this kind of training is definitely not large-scale, long-term, and it will not collect good prospects in Baidu Post Bar. Most of them cooperate with specialized training institutions to find candidates. "
One of the key problems is that Child Star Company is only an intermediary and does not have the qualification of an education and training institution.