In the Internet economy where the live broadcast economy is at its peak, anchors occupy the "C position" of the live broadcast industry resources. Once a high-quality anchor changes job, it is very likely to lead to the loss of users on the live broadcast platform and the expected returns will be reduced.
So, should the anchor who switched jobs compensate the original owner? How much compensation is it?
A few days ago, Zhoushan Court mediated a case of an anchor breaking his contract and changing jobs.
has 340,000 fans and has earned more than 100,000 yuan a month.
"post-90s" Daishan The young man Xiao Dai loves to play the mobile game " Honor of Kings ". He is best at operating the shooter character in the game " Baili Shouyue ".
The character "Baili Shouyue" is good at long-range sniping, while Xiao Dai has reached the top of the game rankings with the signature operations of "face-to-face sniping" and "blind sniping outside the field of vision".
In 2018, Xiao Dai relied on this "one skill" to become a game anchor on the live broadcast platform. With his humorous commentary and superb gaming skills, he gained a lot of fans.
In June of the same year, a live broadcast brokerage company in Shenzhen saw the development potential of Xiaozhong Dai and signed a two-year "Brand-Agent Service Contract" with him.
contract stipulates that the company provides Xiao Dai with a series of services such as career planning, image design, packaging promotion, offline activities, and business cooperation. At the same time, it exclusively enjoys the brokerage rights of Xiao Dai's entire acting career, and distributes live gift income and live broadcast platform basic salary with Xiao Dai at a ratio of 1:3.
The agency set up a "guild" on the Huya Live platform. Xiao Dai broadcasts live as a new guild anchor and has named "the 100th national server waiting for the promise".
With the help of the brokerage company, Xiao Dai's live broadcast work has been booming, with live broadcast subscription users rising to 340,000, and his monthly income reached more than 100,000 yuan.
"willful" jumped and was subjected to huge claims
However, after a year and a half after the live broadcast of the guild where the brokerage company was located, Xiao Dai gradually felt that the company had not fulfilled the brokerage contract well and buried him.
The reason is that after the agency signed him, it only provided him with guild recommendation positions and video production services more than a dozen times, but did not provide important advertising resources such as popular recommendations on live broadcast platforms and homepage banners.
At the same time, another brokerage company on Huya Live Platform threw hydrangea balls to Xiao Dai. After weighing the trade-offs, with the contract period still 5 months left, Xiao Dai chose to switch to the guild of the new company without the consent of the original brokerage company.
Xiao Dai's "willful" job-hopping angered the original brokerage company. The company immediately entrusts a law firm to issue a "lawyer's letter" to Xiao Dai, asking him to immediately stop breach of contract broadcast on the new guild.
Because Xiao Dai ignored it, the brokerage company applied for arbitration to Guangzhou Arbitration Committee in February 2020, requiring Xiao Dai to continue to perform the contract and pay a liquidated damages of 5 million yuan.
The reason why the brokerage company demanded a huge liquidated damages is as follows: Xiao Dai can become a game anchor with a certain influence, which is inseparable from the company's investment in a lot of resources to package and promote him; Xiao Dai's fans have reached more than 300,000. After he defaulted and resigned, a large number of fans moved to other guilds with him, causing huge losses to the brokerage company.
The two parties are willing to reach a settlement
In October last year, the Guangzhou Arbitration Commission ruled that Xiao Dai should pay a liquidated damages of 4.5 million yuan to a live broadcast brokerage company in Shenzhen. The next month, because Xiao Dai was unable to pay a huge liquidated damages, the brokerage company Zhoushan Intermediate People's Court applied for execution.
When the presiding judge of the Municipal Intermediate People's Court came to find Xiao Dai, he was broadcasting live at home. Xiao Dai said that he had no property in his name, and the money he had saved before also paid off his friend's debt due to the failure of investment.
Now he has not joined any guild on the live broadcast platform, and he relies on his monthly live broadcast gift income of more than 10,000 yuan as his living expenses. He is willing to actively cooperate with the court and give the monthly income to the applicant for execution.
After the presiding judge informed a live broadcast agency in Shenzhen about Xiao Dai's true situation, the company considered that Xiao Dai still had a certain influence in the fan group as a well-known anchor, and expressed his willingness to reach a settlement with Xiao Dai.
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Recently, after mediation by the court, the two parties reached a settlement agreement, agreeing to reduce the original execution target of 4.5 million yuan to 450,000 yuan.However, Xiao Dai must repay the first payment of 120,000 yuan this year and sign a five-year live broadcast contract with the brokerage company. The monthly income will still be divided according to the original agreed ratio, that is, the company will receive 25% and Xiao Dai will receive 75%; Xiao Dai must repay 5,000 yuan per month at a guaranteed guarantee. If the remaining 330,000 yuan is not paid off within 5 years, the live broadcast contract will be postponed for one year.
Judge said: Adhere to the spirit of contract
It is understood that in the field of game live broadcast, anchors are the core resources of brokerage companies (guilds), and the number of users and traffic they bring are core competitiveness.
In order to prevent the anchor from jumping jobs without authorization after becoming popular, most brokerage agency contracts stipulate high liquidated damages.
In recent years, the online live broadcast industry has grown rapidly, and competition among live broadcast platforms is fierce, and well-known anchors default and job-hopping frequently occur.
For example, in 2018, the anchor "Snake Brother" was sued by the company affiliated to the Douyu live broadcast platform for paying a liquidated damages of 145 million yuan for his job change.
"Online live broadcast is a hot topic in recent years, but there are few specific laws and regulations involving the live broadcast field. Some anchors are relatively young and lack contract awareness, which leads to breach of contract and need to compensate for high liquidated damages." The presiding judge of
reminds that anchors engaged in online live broadcasts should pay special attention to the relevant key rights and obligations clauses when signing the contract, and should be strictly performed in accordance with the contract after the contract is signed.
Source: Zhoushan Evening News Zhoushan Court
Political and Legal Media Editor
