短剧行业权益保障
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短剧风口下 演职人员权益如何保障
Xin Lang Cai Jing· 2026-02-09 22:25
北京市通州区人民法院审结的一起案件中,演员没有签订劳务合同,仅靠微信约定片酬,拍完戏后却被 公司以"未配合配音"为由扣掉三分之一片酬。 民法典规定,当事人订立合同,可以采用书面形式、口头形式或者其他形式。通州区人民法院经审理认 为,在网络微短剧等灵活用工场景中,双方通过微信等电子形式达成的合意,只要内容明确(如金额、 工作内容),即构成有效约定。本案中,结合相关证据,可以确认双方在劳务合同中达成一致的劳务报 酬金额为3000元。 通州区人民法院审理认为,在网络微短剧拍摄、制作中,配音、补拍等拍摄衍生出的工作不属于演员默 认义务,须提前明确约定。若制作方未在合作前明确告知,不得以此为由克扣片酬。在本案中,被告公 司既无法证明提前和演员对配音费有明确约定,也不能证明具有相应的行业惯例,法院不予支持其扣除 配音费的主张。最终,法院判决被告公司给付演员剩余劳务费1000元。 2026年1月,演员杨梅梅(化名)接受中青报·中青网记者采访时称,她参与拍摄的短剧已杀青半年多, 片酬却仍未结清。在剧中担任配角的她,自始至终未与制作方郑州某影视公司签订书面合同。在她熟悉 的短剧圈,除了少数主演,大量配角和特约演员的合作,往往始 ...
中青视线|短剧风口下 演职人员权益保障须跟上
Xin Lang Cai Jing· 2026-01-17 07:28
Core Viewpoint - The rapid expansion of the short drama industry highlights urgent issues regarding the payment of salaries, contract standardization, and the protection of rights for actors and crew members [1][7]. Group 1: Payment Issues - Actor Yang Meimei reported that despite completing filming over six months ago, she has not received full payment for her role in a short drama, reflecting a common issue in the industry where many actors work without formal contracts [2][3]. - Many actors, including Yang, often begin work based on verbal agreements, leading to difficulties in claiming unpaid wages later [2][3]. - A production company has initiated payment processes and expects to settle all outstanding payments by the end of January 2026 [2]. Group 2: Contractual Challenges - Even when contracts are signed, actors may face conditions that complicate payment, such as being required to sign disclaimers before receiving their wages [3][4]. - Actor Lin Yue experienced a situation where, despite having a contract, the production company demanded she sign a disclaimer that falsely claimed all payments had been settled [4][5]. - After negotiations, Lin Yue received her overdue payment, indicating that persistence can lead to resolution [5]. Group 3: Legal Framework and Recommendations - The short drama industry requires a transparent and stable mechanism to protect creators' rights, as highlighted by a recent court case where an actor was denied part of their payment due to a lack of formal agreements [8][9]. - The court ruled that agreements made via electronic communication, such as WeChat, can be valid if they clearly outline payment terms and work details [9][11]. - Legal experts emphasize the importance of electronic evidence, such as chat records and payment receipts, in supporting claims for unpaid wages [11]. Group 4: Industry Practices and Recommendations - The rapid growth of the short drama industry has led to significant risks for ordinary actors, as labor protections and working conditions are not adequately regulated [7]. - Actors are encouraged to seek clearer industry standards and protections to ensure their rights are upheld [7][10]. - Legal interpretations suggest that even if contracts do not specify rest periods, actors' rights to reasonable working conditions must be respected [11].