2023 marked a year of explosive growth for online micro-dramas in China. Featuring "short duration, fast pace and gripping plots", online micro-dramas have quickly caught audiences' attention, and the topical popularity of hit micro-dramas once surpassed that of a large number of horizontal-screen long-form dramas. According to data released by the National Radio and Television Administration (NRTA), the number of online micro-dramas completing record-filing for official launch in 2022 reached 336, marking a 214% year-on-year increase, and this figure further rose to 584 in 2023. The explosive growth of online micro-dramas has rapidly attracted increasing input of human resources, technologies and investment, and a unique industrial chain has taken shape. However, in the initial development stage of online micro-dramas, the sector was once in a phase of "disorderly and unregulated growth" due to the lack of regulatory policies. To obtain traffic, some production and releasing entities of micro-dramas tended to incorporate gory, violent, pornographic and other inappropriate elements into their works. Various problems have gradually emerged along with the explosive growth of online micro-dramas. To ensure the long-term and stable development of online micro-dramas, China has successively rolled out a series of regulatory policies, and established the Special Committee on Micro-Dramas of the China Television Artists Association (hereinafter referred to as the "Micro-Drama Special Committee") on May 18, 2024, which further demonstrates the importance China attaches to the micro-drama industry. With the establishment of the Micro-Drama Special Committee and the formulation and improvement of various regulatory policies, the online micro-drama sector will definitely break away from the state of "disorderly and unregulated growth" in a short period of time, with its content developing towards high quality and its promotion and distribution methods becoming increasingly standardized. On this basis, the commercial operation model of online micro-dramas will surely mature.
A virtual idol refers to a simulated idol constructed in forms of painting, animation, Computer Graphics (CG), etc., which carries out idol activities in virtual environments such as the Internet. In recent years, legal disputes and public opinion controversies arising from virtual idols have frequently come into public view. In 2024 in particular, the Suzhou Internet Court and the Hangzhou Intermediate People's Court rendered judgments respectively on the "first dispute case over image damage of virtual anchors" and the "first virtual digital human infringement case", which has further triggered in-depth discussions in the industry on legal issues related to virtual idols involving personality rights, intellectual property rights, labor law and other relevant fields. Starting from the categories and development of virtual idols, this article conducts a preliminary exploration of legal issues related to virtual idols such as the utilization of personality elements and intellectual property protection.
01 Case Information
Non-competition Restriction refers to the restriction that prohibits an employee, within the agreed period after the termination of his or her employment, from taking a position at any other employer that has a competitive relationship with his or her original employer, or engaging in the same type of business on his or her own.
Commercial Franchise Contract refers to the agreement concluded between the franchisor and the franchisee, under which the franchisor who owns operational resources such as registered trademarks, enterprise marks, patents, proprietary technology and other operational resources licenses the franchisee to use the aforesaid operational resources, the franchisee conducts business under a unified operation model as stipulated in the contract and pays franchise fees to the franchisor.
