Behind the Surge of Cross-Border Tourism Driven by Film and TV IPs: How Can Travel Agencies and Scenic Spots Avoid Legal Risks? A Shenzhen Lawyer Offers Advice

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Recently, the film *A Love Letter to Grandma* has become a box office hit, boosting tourism in Minnan hometowns of overseas Chinese such as Zhangzhou and Xiamen in Fujian. Overseas Chinese and international tourists have flocked to the region for immersive experiences of Qiaopi culture. At the same time, places like Zhangjiajie and Hengdian have also attracted large numbers of inbound tourists thanks to film and television productions, making "travel China through films" a rising trend. While this wave is certainly encouraging, as a lawyer, I am more concerned about the legal risks lurking beneath the surface—how can cultural tourism projects lawfully use film and television intellectual property? Where exactly are the boundaries of scenic areas' safety liability toward visitors? And how should cross-border consumer disputes be resolved? The answers to these questions bear directly on the sustainable development of the cultural tourism industry.

Film and TV IP Licensing: Cultural Tourism Projects Cannot Use Them at Will

Film and TV IP boosting tourism brings the most direct issue to the forefront: intellectual property. Many scenic areas and travel agencies, seeing a movie become a hit, quickly launch "movie-inspired" tour routes, or even directly use movie posters, stills, and clips for promotion. But there is a legal red line here: film and television works are protected by the Copyright Law, and commercial use without the permission of the copyright holder may constitute infringement.

Article 10 of the Copyright Law explicitly stipulates multiple rights, including the right of reproduction, the right of distribution, and the right of information network dissemination. Any unauthorized use may result in liability. For example, if a scenic area incorporates film footage into its promotional brochures, official website, or offline experience areas, it must obtain authorization from the copyright holder; otherwise, it may face legal consequences such as cessation of infringement and compensation for losses. In judicial practice, there have been numerous cases where defendants lost lawsuits due to unauthorized use of film and television materials, with compensation amounts ranging from tens of thousands to hundreds of thousands of yuan.

For cultural tourism projects, the more complex issue is the "adaptation right." Take the immersive performance *Return to Southern Fujian* at the Qiaoxiang Theater in Zhangzhou Ancient City as an example. Although it was inspired by a film, if it is an independently written script, there is no risk of infringement. However, if it directly adapts the film's plot or characters, permission from the copyright holder is required; otherwise, it may constitute an infringement of the adaptation right.

Therefore, I recommend that cultural tourism enterprises, when planning projects related to film and television IPs, must first conduct IP due diligence to clarify rights ownership, sign complete authorization contracts, and stipulate the scope of use, duration, fees, and liability for breach of contract. This is not only about avoiding risks but also about respecting the creators.

Tourist Safety Responsibility: Non-Derogable Duties of Scenic Areas and Travel Agencies

The surge in tourists brought by film and television IPs has also raised higher demands for safety management. For example, at Zhangjiajie Tianmen Mountain Scenic Area, inbound tourists during the summer reached nearly 80,000, a year-on-year increase of 53%. With more visitors, risks have correspondingly increased, and scenic areas must fulfill their safety guarantee obligations in accordance with the law.

Article 1198 of the Civil Code stipulates that operators or managers of business premises or public venues such as hotels, shopping malls, banks, railway stations, airports, stadiums, and entertainment venues shall bear tort liability if they cause harm to others by failing to fulfill their security obligations. This means that scenic areas must not only be responsible for facility safety but also exercise reasonable duty of care for the personal safety of visitors.

Specifically, scenic areas should regularly inspect visitor facilities, post clear safety warning signs, formulate emergency response plans, and organize drills. For high-risk projects such as cliff plank roads and rafting, special risk assessments must be conducted. Travel agencies, as organizers, also bear the responsibility for safety assurance. According to Article 81 of the Tourism Law, when an emergency or tourism safety accident occurs, tourism operators shall immediately take necessary rescue and handling measures and fulfill the obligation to report in accordance with the law.

Moreover, inbound tourists may be unfamiliar with the local language and environment, so scenic areas should provide multilingual safety warnings or arrange for staff assistance. If tourists are injured due to a failure to fulfill these obligations, scenic areas and travel agencies may face civil compensation and even administrative penalties. Therefore, amid the tourism boom, safety standards must be upheld.

Cross-border Consumer Disputes: Application of Law and Paths for Rights Protection

Film and TV IPs are driving inbound tourism, which also brings significant potential risks of cross-border consumption disputes. For example, foreign tourists may encounter quality issues or service disputes when shopping, staying at hotels, or dining at scenic areas. In such cases, the application of law and the pathways for rights protection become crucial.

Under Article 46 of the Law on the Application of Laws to Foreign-Related Civil Relations, consumer rights protection shall be governed by the law of the consumer's habitual residence; however, if the consumer chooses to apply the law of the place where the goods or services are provided, or if the business operator has not engaged in relevant business activities in the consumer's habitual residence, the law of the place where the goods or services are provided shall apply. This means that foreign tourists consuming within China may invoke Chinese law to protect their rights, giving tourists more options.

For scenic areas and businesses, when faced with complaints from foreign tourists, they cannot simply evade or delay. According to Article 24 of the Consumer Rights Protection Law, if the goods or services provided by a business operator do not meet quality requirements, consumers may return the goods in accordance with national regulations or the parties' agreement, or require the business operator to fulfill obligations such as replacement or repair. In cross-border consumption, procedures such as refunds and compensation may be more complex, but businesses must handle them in accordance with the law; otherwise, they may trigger international complaints or litigation.

I suggest that scenic areas and businesses should establish a fast-track handling mechanism for cross-border consumption disputes, such as setting up multilingual customer service, providing convenient complaint channels, and actively cooperating with local consumers' associations. For major disputes, legal professionals may be brought in to ensure lawful procedures and fair outcomes.

Legal Advice for Cultural Tourism Enterprises and Tourists

The film and television IP boom presents opportunities for the cultural tourism industry, but legal risks cannot be overlooked. For cultural tourism enterprises, my advice is:

First, establish a solid intellectual property strategy. Conduct IP licensing negotiations at the early stages of project planning to ensure all usage is legal and compliant. Additionally, apply for trademark registration to protect your own brand.

Second, improve the safety management system. Conduct regular safety training and drills, identify and address potential risks, and purchase corresponding liability insurance to reduce accident losses.

Third, establish a response mechanism for cross-border consumer disputes. Deploy multilingual service personnel, develop standardized handling procedures, and collaborate with legal counsel when necessary to promptly resolve conflicts.

For tourists, especially inbound tourists, I suggest:

First, choose reputable travel agencies and scenic areas, read the terms carefully before signing the contract, and keep all receipts and documentation.

Second, when encountering disputes, promptly file complaints with the local tourism authority or consumer association, and seek legal assistance when necessary.

Third, acquire basic legal knowledge, such as the relevant provisions of the Tourism Law and the Law on the Protection of Consumer Rights and Interests, so as to effectively protect your rights when they are infringed upon.

Film and television IPs fueling cross-border tourism represent a win-win for cultural dissemination and economic development. However, only by operating within the legal framework can "buzz" be transformed into "lasting success." If your cultural tourism project requires legal support, Guangdong Zhiming Law Firm is ready to provide you with professional services, helping you move forward steadily amidst the热潮.