影視劇本契約爭議探討— 以臺灣、中國大陸委託創作契約之判決為中心

Abstract

影視作品始於影視劇本之開發，製作方基於影視開發之商業需求與風險管理，多會與受託創作劇本之編劇簽署契約，而契約條款中又以劇本給付審核認定及署名事宜，為實務上最常見之爭議類型。\n近年來，臺灣與中國大陸影視人才交流頻繁，合作機會日益倍增，然兩岸目前仍欠缺有力的影視工會或行業規範可處理影視劇本開發所生的紛爭；兩岸相關影視法制與司法見解亦有差異。契約當事人僅有儘可能地透過縝密的事前協議，才能降低雙方爭執所帶來的損害。\n因此，本文試著從兩岸委託創作劇本契約所引發之司法案例為中心，歸納出法院對於契約條款解釋之規律，再透過分析契約當事人產生紛爭之成因脈絡，點出個人對判決之部分淺見。最後，本文嘗試提出相關從業人員於締約時，應循兩岸司法見解調整契約條款之建議，以利參酌使用。

Every film and television programme project begins with a screenplay. A production company would generally sign a “Screenplay Writing Assignment Contract” with a screenwriter to minimize a substantial risk of loss. Yet, production companies and screenwriters often have different understandings on when payment may be made or how to exercise the right of attribution; as a consequence, many contract disputes and litigations are to be dealt with.\nIn recent years, the frequent exchanges and dialogues between Taiwan and mainland China increases cooperative opportunities for audiovisual industry professionals from two sides. However, the lack of supportive labor union and sufficient regulation has made screenwriters extremely vulnerable when facing contract disputes during the screenplay development process. Moreover, the legal issues concerning the screenplay agreements are still debatable in the judicial practice.\nThis thesis will analyze the rationality of judicial judgments on film and TV screenplay writing assignment contract disputes both in Taiwan and in China, integrate cross-strait case articles, and discuss the common disputes regarding the definition of completed performance and attribution right. Ultimately, this thesis is intended to shed light on how to adjust contract provision in accordance with the judicial judgments for the production company and the screenwriter, so that each side could reach an agreement and create mutual beneficial outcomes.