Li Yifeng is completely cool!How much is the artist to endorse the brand illegal?
Author:Chinese brand Time:2022.09.16
On the evening of September 15th, the reporter found that Li Yifeng's Weibo personal account, Li Yifeng's official account "Yifeng Xin" and Li Yifeng's official account "Li Yifeng Global Support" disappeared on the Sina Weibo platform.
At the same time, Li Yifeng's official account in Douyin was also "exploded".
At this point, Li Yifeng has been in operation for many years, and has more than 60 million fans' accounts disappearing.
On September 11, according to "Ping An Beijing", recently, the Beijing police seized the actor Li Moumou (male, 35 years old) in a case of violations of the law. Administrative detention has been subject to law. After being verified by CCTV reporters, the actor Li Moumou was Li Yifeng.
The day before the police report, Li Yifeng and his studio also issued a statement to make the so -called "rumor", and even sent a lawyer's letter to sue the so -called rumor netizens. Later, Li Yifeng's statement was deleted.
After the police reported, Li Yifeng's endorsement of the true fruit, Kyoto Nianci and other brands immediately announced the termination of cooperation.
On September 12, the best actor of the 31st Golden Eagle Award voted to delete Li Yifeng. The Huading Awards cancel its "best actor" and other titles.
In addition, Li Yifeng is also the spokesperson of Wang Li'an (605268.SH), a share listed company. Wang Li'an said on the investor interactive platform on September 15 that at present, the company has terminated all business cooperative relations with Mr. Li Yifeng.
Public information shows that Li Yifeng was born in 1987. In 2007, participating in the draft entertainment show "Come on! The debut of "Good Man"; in 2014, he received widespread attention due to the "Baili Tu Su" in the costume "Ancient Sword Qi Tan". He has participated in "Tomb Raider", "Qingyun Zhi", "Old Artillery" and so on.
According to China News Network in 2017, in the "2017 Chinese Celebrity Revenue List", Li Yifeng took over 170.7 million revenue to press Huang Xiaoming and Andy Lau, ranking fourth among many stars. As early as 2015, Li Yifeng entered the ninth place in Ferbes Chinese Celebrity Ranking, with an income of 69 million yuan.
Li Yifeng Video Screenshot
How much does artist illegally need to compensate the brand?
Zhang Zhonghui, a Beijing Xinnuo Law Firm, said that in response to similar illegal acts such as being arrested by artists, whether the endorsement contract can be terminated and the amount of compensation should be, there will be an agreement in the general contract.
If there is no agreement, both parties to the contract shall be implemented in accordance with relevant laws and regulations. Once an artist, as an advertising spokesperson, once appears illegal acts like 嫖, the public will make a negative evaluation of its name or image. Regardless of whether the relevant departments are held accountable for their legal responsibilities, the artist is no longer suitable for advertising spokespersons. Article 563 of the Code of the People's Republic of China stipulates that the contract is claimed to be canceled for the purpose of the contract.
As for the loss of compensation, the amount of losses should be equivalent to the losses caused by the artist's breach of contract, including the interests that the company can obtain after the performance of the endorsement contract is performed; Caused losses.
According to the analysis of lawyer Shi Xin, a law firm at Beijing Yingke (Hefei) Law Firm, Li Yifeng was detained for many times. If Li Yifeng was the spokesperson for the brand, then Li Yifeng and the brand's endorsement contract relationship should be focused on the termination agreement between the contract agreement between the two parties. In the case, under the circumstances, the contract can be terminated and the fees are refunded, especially when the stars have crimes, being punished by administrative penalties, and listed as a bad actor, the company can unsolved the contract unconditionally and requires celebrities to pay liquidated damages. In addition, after Li Yifeng was notified, the performing arts regulatory authorities may also impose punishment for a certain period of time, which will also cause some harm to the brand.
Attorney Li Lingyun, a Beijing Stadium (Shanghai) Law Firm from Beijing, believes that first of all, it is necessary to be clear that the equal civil subject of the brand party and the artist, and the two parties have signed a contract to agree on each other's rights, obligations, and liability for breach of contract. Given that many well -known artists have been exploded in recent years to make immorality, illegal, criminal, and even damage to national interests (commonly known as "collapsed houses"), it has a great impact on the brand. The corresponding "moral clauses" or "no illegal clauses" are stipulated in the contract. It is clear that the artists must not have any behaviors, otherwise they will be considered a serious breach of contract and shall bear the corresponding liability for breach of contract.
In this case, once the artist's behavior verification is true, first of all, the brand has the right to unilaterally relieve the contract relationship with the artist, and no need to bear the liability for the contract to terminate the contract. The artist bear the contract price for example, pay the contract price, pay the liquidated damages (generally limited to the default amount agreed in the contract), the losses caused by the compensation brand (need to provide corresponding evidence to prove the specific amount of the loss) (Such as litigation, lawyer fees, notarization fees, appraisal fees, etc.) and other default responsibilities.
For the brand side, Mr. Xia Ran, a lawyer at the Beijing Yingke (Shanghai) Law Affairs Office, believes that if the illegal behavior of the artist causes the reputation of the endorsement brand, the image is damaged, and if the situation is serious or the contract is based, the brand can request the termination of the contract. Terminate endorsement cooperation in advance. At the same time, the brand can claim a liquidated damage to the relevant artists in accordance with the contract and the law. If the amount of liquidated damages is not enough to make up for the actual loss of the enterprise, the loss of the brand can be proved. Existing advertising, re -announced new publicity materials, etc. Lawyer Xia Ran also said that, in view of the higher requirements for artists to comply with public order and good customs, and the advertising law is tightened, the brand is indeed higher. On the one hand, do a good job of controlling contract risks and clearly agreed to trigger incidents, such as artists by administrative and criminal punishment; official media criticized or negatively reported artists; serious violations of the management and restraint of industry associations. At the same time, the proportion of liquidated damages, calculation methods, and artists are directly agreed to be the subject of the subject, so that there is a contract basis in defending rights.
Media comment: No matter how big the top flow violations will be punished
The Beijing Evening News commented that the speed of entertainment stars is staggering, and the stars collapse the room. As the public sees it, once some people become famous, they forget that they will not only converge the original problems, but continue to do my best, and even intensify. There are a big deal of "I am a star and I am afraid of."
Of course, more, play a set of secret dramas in Mingli. Public places play the beloved moral gentleman, but it is a matter of inferiority in private. The appearance is bright and beautiful, and the inside is unsightly. Such a free double -sided person is more than Li Yifeng. Unfortunately, they used the "performance ability" to use the wrong place, because the real life is not the role in the play. Once they make mistakes or even suspected a crime, they have no chance to come again. Not only sorry for the audience who loves him, but also the trust of thousands of fans.
The comment said that the star halo is not a amulet. No matter how big the top flow, as long as you do not see people, you can't escape the bright eyes of the masses; as long as you violate the laws and regulations, you will be punished by law. As a public figure, celebrities must learn lessons and use their energy on how to provide good works for the public. The bottom line of the legal red line and morality cannot be rejected, and it is inevitable that the same thing is reduced to a meteor that is defeated and spurned.
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