明确内容归属、禁止限制跨平台直播 全国首个直播带货合同示范文本发布

Core Viewpoint - The Beijing Municipal Market Supervision Administration has released the first national model contract for live-streaming e-commerce platforms, clarifying the rights and obligations of platform operators and live-streaming room operators, addressing issues such as intellectual property, consumer rights protection, and competition regulations [1][4][9]. Group 1: Contractual Framework - The model contract aims to standardize and guide live-streaming e-commerce practices, addressing ambiguities in operator qualifications and responsibilities, and providing a framework for dispute prevention [4][9]. - Live-streaming room operators are required to register and obtain business licenses to ensure compliance, marking a significant innovation in the industry [4][9]. - The contract stipulates that live-streaming room operators must disclose their operational information and the actual sellers of products, especially when using AI-generated content [5][12]. Group 2: Intellectual Property and Content Ownership - The model contract clearly defines the roles of live-streaming platform operators and room operators, stating that the intellectual property rights of content generated during live-streaming belong to the room operators [8][9]. - Platform operators can use the content within their platforms without additional authorization but must seek written consent for external use [8][9]. Group 3: Consumer Rights Protection - The contract includes provisions for consumer rights protection, requiring platform operators to establish mechanisms for resolving consumer disputes and to assist consumers in protecting their rights [12][13]. - Live-streaming room operators are held accountable for misleading advertising and must clearly indicate their role as non-sellers during live-streaming [12][13]. Group 4: Compliance and Regulatory Measures - The model contract emphasizes the need for live-streaming room operators to implement quality control and compliance management for the products or services they promote [13]. - Operators are prohibited from engaging in deceptive practices such as false advertising or manipulating viewer engagement metrics [11][12].