Does pre-show advertising become a rule? Failure to play videos according to time is suspected of violating contract

the pre-screening advertisements in cinemas have become more and more intense. a few days ago, two fans, Wang Xia and Xu Jian, sued Shenzhen Broadway Cinema for a 20-minute advertisement after showing "Tangshan earthquake", which attracted public attention. The reporter also learned in the interview that at present, it is more and more common for many cinemas and audiences to watch movies & ldquo; is seen as advertisements & rdquo;.

strong > Studios? / strong >

strong > pre-screening advertisement becomes & ldquo; Industry Rule & rdquo;? / strong >

with the improvement of people's living standards, going to the cinema to see a good movie to relax has become a choice for more and more people. Prior to this, when Feng Xiaogang's blockbuster "Tangshan earthquake" was released, the reporter noticed that the 20-minute advertisement before the release of Feng Xiaogang's blockbuster "Tangshan earthquake" was the topic of discussion, and some cinemas recommended the film to reporters. & ldquo; can come later because there is a long advertisement & rdquo; in front of it.

in response to the complaints about Wang Xia and Xu Jian, the reporter interviewed a number of cinemas, and the studios said one after another that as far as the film "Tangshan earthquake" was concerned, cinemas already contained the previous patch advertisements when they got this program source, which could not be deleted, and they were also very helpless about long-term patch advertisements.

the person in charge of Shenzhen New South Cinema told the reporter that the 20-minute posters did exceed the psychological acceptance of the audience. therefore, almost all the studios will have announcements or verbally tell the audience at the ticket office or at the ticket gate or some other eye-catching places, and there will be a 20-minute advertisement notice before the opening. Please grasp the admission time.

as a matter of fact, it is not only "Tangshan earthquake" that appeared before its opening. In many studios in Shenzhen, there are not a few ads picked up by the studio before its opening.

before the opening of a film in a studio in Shenzhen, the reporter counted on the spot that after the movie tickets marked the opening time of the film, there were more than ten advertisements for wedding studios, cars, drinks and other advertisements, as well as previews for the release of new films. Before the opening of a film in another studio, although there were no pure commercial advertisements, there were also many advertisements such as the introduction of new films, which made the audience waiting at the scene very impatient. The reporter also learned that at present, in Shenzhen, not all studios have self-contained advertisements. Generally, those that can receive advertisements are well-run studios with important locations. Some people in the industry have revealed that, taking into account the limits of the audience's attention and bearing capacity, the advertising time will not be too long and is generally controlled within 5 to 10 minutes.

& ldquo; cinema advertisements are available in cinemas in Hong Kong and even around the world & rdquo According to the person in charge of New South Cinema, for example, posters in American cinemas usually take 20 to 30 minutes, because movie tickets in American cinemas are not allocated seats, and audiences will choose according to the time of arrival, so audiences generally choose to come to the scene in advance to occupy seats, and many audiences can do something else even if they do not want to see the ads. In addition, in Hong Kong, according to industry rules, sticker ads are usually shown in cinemas for no more than 10 minutes before screening.

strong > audience / strong >

strong > have complaints and understandings / strong >

an industry insider believes that audiences overreact to the ads shown before the film is shown, and it is actually quite normal for cinemas to show posters, just like television stations insert ads when they broadcast TV dramas, or ads suddenly appear in the news in the newspaper. Viewers can consider changing the channel or turning over this page of the newspaper. Before the film's poster advertisement, the audience can also choose to go to the toilet or do something else. Because in the case of patch ads generally more than 10 minutes, the studio will inform the audience in advance.

this view has been questioned by the public. Ms. Luo, a citizen, believes that this is not a concept. The audience spent a high ticket price and came to the studio with expectation to see a 20-minute advertisement. & ldquo; if it is a TV or a newspaper, I can turn over or change the channel, but in the specific environment of the studio, the audience often does not have much choice, and it takes less than 20 minutes to go to the toilet. Secondly, the cost of a newspaper or TV station is relatively low, but it costs hundreds of yuan to see a movie, but you are tricked into watching some commercials, which certainly makes people feel very angry, said Ms. rdquo; Luo.

Mr. Zhu, a citizen, expressed support for Wang Xia and Xu Jian to sue the cinema. He believes that buying tickets to go to the cinema is to see the film, and that the cinema showing some advertisements in front of the film is an act of forcing the audience to watch. Infringe upon the relevant rights and interests of the audience.

On the other hand, Miss Zhang, a citizen, expressed her understanding of the practice of showing sticker ads before the film was shown. She believes that the cost of making a film is very high, and the benefits are reflected not only in the ticket price, but also in some advertisements. It is understandable if the sticker ads shown before the film are shorter and do not easily take more than ten minutes.

strong > lawyer? / strong >

strong > suspected of breach of contract for not playing the movie on time / strong >

the reporter learned that in 2009, the Film Bureau of the State Administration of Radio, Film and Television issued & ldquo;2009 Picture No. 79 & rdquo;, that is, the notice on further standardizing the management of film posters and pre-release advertisements. The notice stipulates that posters and pre-release advertisements must be broadcast in front of the film release permit screen, requiring that the time marked on the ticket of the film must be the time when the film is released, and that advertisements shall not be inserted during the opening time of the film.

however, from the perspective of actual implementation, the average movie ticket basically does not indicate the screening time of the advertisement, and it is very difficult for cinemas to 100% guarantee that the audience will not watch the advertisement at the beginning, and the time of the film release is basically the opening time of the advertisement. The "notice" does not play an obvious role in regulating film sticker advertisements and seems to have become a piece of paper & rdquo; of ldquo;. In law, some lawyers also believe that this provision lacks the constitutive elements of legal norms, so the binding force is limited.

in response to the complaint, Wu Pengcheng, a lawyer from Guangdong Haibu Law firm, believes that the cinema is suspected of breach of contract. Lawyer Wu explained that after the audience bought the movie tickets, a consumer service contract relationship was formed between the audience and the cinema. The cinema must play the film in accordance with the broadcast time of the film notice. If the cinema still does not play the film after the official broadcast time of the film, but plays content such as patch advertisements, it is suspected of violating the consumer service contract with the audience. constitutes a breach of contract.

as to whether this further constitutes infringement, Wu Pengcheng believes that it still needs to be specifically discussed. As for the question of how to assume liability for breach of contract, Wu Pengcheng believes that there is no clear stipulation in law, and there is no specific contract clause between the parties, so there is a dispute. At the same time, Wu Pengcheng stressed that if cinemas broadcast patch ads before the official broadcast time of the announced film, and comply with the relevant regulatory regulations in the industry, then they will not be suspected of breach of contract.