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TYGlobe Telegram | 5th Yangtze River Delta Cultural Industry Expo: Empowering Cultural Industries with Law to Foster New Quality Productive Forces

Release time:2024-11-26 14:51:30

From November 22 to 25, 2024, the 5th Yangtze River Delta International Cultural Industries Expo was held at the National Exhibition and Convention Center (Shanghai). The expo is co-hosted by the Publicity Department of the CPC Shanghai Municipal Committee, the Publicity Department of the CPC Jiangsu Provincial Committee, the Publicity Department of the CPC Zhejiang Provincial Committee, the Publicity Department of the CPC Anhui Provincial Committee, and the Shanghai Sub-council of China Council for the Promotion of International Trade, with Shanghai TYGlobe Law Firm assisting in the undertaking of the event. With the theme of *"Accelerating the Development of New Cultural Forms and Business Models and Stimulating the Vigor of Cultural Innovation and Creativity"*, the expo gathered a large number of cultural enterprises, institutions and artists from the Yangtze River Delta region, other parts of China and overseas, to jointly discuss the development trends and cooperation opportunities in the cultural industry.

A number of thematic forums and seminars were held during the exhibition, covering multiple sectors including digital cultural and creative industries, culture-tourism integration and artistic innovation. As the key supporting unit of the Summit on Integrated Development of Culture, Tourism and Commerce, Shanghai TYGlobe Law Firm, drawing on its professional strengths in legal services for the cultural and media sector, effectively empowered the exhibition, exhibitors and visitors through various forms such as delivering keynote speeches, participating in round-table forums and releasing thematic white papers.

At the "Yangtze River Delta Performing Arts Innovation Forum - Special Session on Artificial Intelligence and Performing Arts" held on November 22, Lawyer Hu Min from Shanghai TYGlobe Law Firm shared insights on the ownership of AIGC-generated content. Lawyer Hu noted that although China's *Copyright Law of the People's Republic of China* has not yet explicitly stipulated the ownership of AIGC-generated content, and there are considerable controversies over this issue in judicial practice. Judgments shall be made on a case-by-case basis according to factors including whether generated content such as texts, images and videos has originality and whether it constitutes an intellectual achievement, and no one-size-fits-all conclusion shall be drawn. However, this does not mean that AI technology can be used without restrictions. For example, the act of collecting others' works for AI training can hardly fall within the scope of "fair use", which may bring about copyright infringement risks; collecting others' voices, facial data and other information for AI-based use entails the risk of personality right infringement; crawling data by bypassing the encryption protection system set by right holders or using others' undisclosed content may involve legal risks of illegally obtaining computer information system data, infringing personal information or trade secrets, and may also constitute unfair competition. Apart from civil liabilities, generating improper content by using AI technology, obtaining sensitive data, or failing to perform network information security obligations during use may also lead to criminal risks, including but not limited to the crime of illegally obtaining state secrets, the crime of infringing on citizens' personal information, the crime of infringing on trade secrets, the crime of fabricating and intentionally spreading false information, the crime of refusing to perform information network security management obligations, etc. In the future, China's laws may need to make adaptive adjustments to better balance the relationship between technological development and creation protection.

On November 24, at the "Yangtze River Delta Performing Arts Innovation Forum - Special Session on Digital Art and Performing Arts Technology", Lawyer Yin Sisi, Researcher of the Short Drama Research Center of Shanghai TYGlobe Law Firm, first conducted a comprehensive analysis of short drama, an emerging art form, with the theme of *Short Drama: Analysis of Current Status and Outlook on Development Trends*. Lawyer Yin pointed out that with the characteristics of being short, pithy and easy to disseminate, short drama has quickly gained a foothold in the digital media sector. She emphasized that with the advancement of technology and the diversification of audience demands, short drama enjoys very broad development prospects, but also faces challenges in terms of content innovation and market positioning.

Lawyer Yang Luting, taking *Legal Compliance of Micro-Dramas: How to Achieve Standardized High-Speed Development* as the topic, conducted in-depth discussions on legal compliance issues encountered in the rapid development of micro-dramas. As a researcher at the Micro-Drama Research Center of Shanghai TYGlobe Law Firm, Lawyer Yang put forward a series of standardization recommendations, aiming to help industry practitioners better carry out content creation and dissemination on the premise of complying with laws and regulations.

On November 25, Shanghai TYGlobe Law Firm assisted in hosting the "New Media Roundtable Forum" of the 1st Yangtze River Delta Cultural Industries Expo. The roundtable forum invited representatives from various mainstream sectors, including founders of content creation-oriented Internet brokerage firms, Internet brand founders and new consumption research institutions, attracting participation of a large number of cutting-edge new media forces. Attorney Wang Yuchan of Shanghai TYGlobe Law Firm served as the moderator. She discussed new development trends of the new media industry with participating guests in the form of roundtable dialogue, to promote the development of Internet new media in the directions of high-end content, knowledge sharing, quality output and standardized forms. Attorney Wang held that with the development of mobile Internet in recent years, in the mobile Internet landscape shaped by "short video + algorithm-driven information flow + AIGC", content creators shall re-examine the online media ecology and the reality of information and public opinion, develop and disseminate high-quality content with cultural attributes and educational functions. Content entrepreneurs shall strengthen their awareness of intellectual property rights and the spirit of contract, and implement the green principle. No matter how severe the content industry downturn is, they shall embrace the new technologies, new situations and new changes of the new media industry, continue to promote the dissemination of high-quality content with cultural functions and educational attributes, and let the power of culture warm people's hearts.

During the conference, three works meticulously compiled by Shanghai TYGlobe Law Firm, namely *Overview of Hanfu Intellectual Property Rights Protection*, *Legal Guide to Pan-Entertainment and New Media* and *White Paper on the Legal Environment of Southeast Asia: Culture and Tourism Edition*, were officially released, garnering widespread acclaim both online and offline.

Lawyer Zhou Tao, Director and Managing Partner of Shanghai TYGlobe Law Firm, stated in an interview that it is a great honor to lead the team to deeply participate in this exhibition, provide professional legal support focusing on cutting-edge issues such as AIGC ownership, micro-drama compliance and new media development, and witness the empowerment of the cultural industry by law. The law firm will continue to improve its services, facilitate the compliant development of cultural enterprises, jointly create new brilliance of the cultural industry in the Yangtze River Delta, and contribute to cultural prosperity.

A series of splendid events with rich and diverse contents have provided extremely valuable information resources and creative inspiration for exhibition participants. The series of exhibition events have not only promoted the in-depth integration of culture and technology, but also stimulated new vitality of the cultural industry, injecting new impetus into the prosperous development of the cultural industry in the Yangtze River Delta, the whole of China, and even at home and abroad. In the meantime, they have also strengthened coordinated cooperation between regional cultural industries, and promoted the sharing and optimal allocation of cultural industry resources. The "Law + Cultural Industry" series of events of this exhibition have provided strong support for the cultivation of new quality productive forces in the cultural industry, and become a new engine driving the transformation and upgrading of the cultural industry as well as the realization of its high-quality development.