Research Of Cooperation Agreement Between "live Broadcasting Platform And Anchor"

With the progress of Internet science and technology,the webcast industry has developed rapidly,from the beginning of live broadcast,to the rise of later live game,to the development of e-commerce live broadcast,education live broadcast,public welfare live broadcast,enterprise live broadcast,live broadcast has penetrated into all aspects of our lives.All walks of life began to use the "live" model to innovate the industry development.According to the "2020-2024 China webcast industry in-depth research and investment prospects forecast report ",as of June 2019,the number of live webcast users in China reached 433 million.This fast-growing,low-threshold,high-income industry has attracted a lot of people into the network anchor this profession,and this new occupation because of the lack of perfect laws and regulations,some signed professional anchor and anchor platform has produced a lot of controversy.Generally in addition to minors,in the live broadcast platform application to open,agree to the platform set the format contract "live broadcast agreement ",can be live broadcast.For the more popular anchor or platform feel that there is potential for development,the platform will sign a "cooperation agreement" with it.From the content of the agreement,the nature of the cooperation agreement is vague and increase the anchor responsibility.From the point of view of judicial practice,the cooperation agreement mainly has the following problems: first,the nature of such cooperation agreement is controversial,most judgments in judicial practice tend to be regarded as non-labor contracts,but there are also a small number of judgments that are regarded as labor contracts without uniform standards.Secondly,the cooperation agreement will agree on the non-competition restriction clause,if it is not a labor contract,then the legitimacy of the non-competition restriction needs to be demonstrated.Finally,the liquidated damages are also the key in the dispute,the cooperation agreement usually does not have the stipulation to the platform’s breach of contract,often to the anchor breach agreement high amount of liquidated damages,the court has different views on whether the liquidated damages are too high,how to calculate and so on.The nature of the cooperation agreement can not be determined in a one-size-fits-all manner,should be based on theagreement specific agreement and the actual work situation to judge,at the same time may appropriately draw on Germany’s classification criteria for employees,to give new occupation part of the labor law protection.With the development of economy,competition restriction system is not unique to company law and labor contract law,so it can expand the scope of application of competition restriction system to adapt to the development of special industry.The liquidated damages are usually agreed too high,but the specific amount,but also need to be determined by the court in the case according to the platform loss,the degree of fault between the parties to the contract,anchor income and other specific circumstances.