Original title: KTV held by Jay Chou was sued by the Sound Collection Association!The court compensated 9,100 yuan in the first instance
The KTV held by Jay Chou was sued by the Sound Collection Association for song infringement. On October 30, Nandu reporters referee from ChinaInstrumentThe net learned that Xi’an True Love Fantasy Food and Entertainment Co., Ltd.the company(Hereinafter referred to as “True Love Fantasy”) was sued by the China Audiovisual Copyright Collective Management Association (hereinafter referred to as “Audio Collection Association”) for broadcasting 313 music and television works such as “Rainbow”, “Happy Breakup” and “Ningxia” .
In the end, the court ruled that True Love Fantasy immediately stopped playing and deleted the infringing music and television works from the VOD system where it opened its business premises, and compensated the Audio Collection Association for a loss of 9,100 yuan.
It can be learned from the civil judgment of the first instance that the plaintiff’s Audio Collection Association believed that True Love Fantasy had used the above-mentioned 313 musical works in the song order system for profit without permission and without payment, which seriously violated copyright. The legitimate rights and interests of people.
However, the defendant, True Love Fantasy, believes that the evidence provided by the Music Collection Association cannot prove that it has the right to claim rights to the songs involved in the case, and emphasizes that its music library comes from the VOD systemsupplierShaanxi Leishi Electronic TechnologyLimited company, Has a legitimate source and is not infringing.
The verdict showed that the 313 songs that the court found infringing belonged to the Sound Collection Association named “POP CLASSIC (Second Series)”memberA selection of works, published by China Record Corporation and produced by the Sound Collection Association. The “copyright owner” is printed at the bottom of the DVD album song catalog: Rolling Stone International Music Co., Ltd. (hereinafter referred to as “Rolling Stone International”), and the back of the cover is printed with “Declaration: The copyright of the music and television works in this publication belongs to Rolling Stone International Music Co., Ltd. Co., Ltd., shall not be used without permission, the offender shall be investigated”.
On March 6, 2012, the Sound Collection Association and Rolling Stone International signed the “Audiovisual CopyrightAuthorizationcontract》, the latter agreed to transfer theScreening rights、Copy right(The signing of both is limited to karaoke establishments),Broadcasting rightsTrustSound Collection Association Management. The aforesaid contract is valid for three years. On December 4, 2017, Rolling Stone International agreed to extend the validity of the aforesaid contract to December 31, 2020. Among them, only 9 music and television works such as “Supersunshine” and “I Love You This Way” do not have the logo of the copyright owner Rolling Stone International.
Therefore, the court held that the legal publication submitted by the Audio Collection Association stated that the copyright owner was Rolling Stone International Music Co., Ltd., and that Rolling Stone International Music Co., Ltd. passed the Audiovisual Copyright Authorization Contract for its audiovisual program projection, reproduction, and broadcasting rights. The right to authorize the Plaintiff’s Audio Collection Association in this case can prove that the Plaintiff’s Audio Collection Association has the right to file a lawsuit in its own name for the infringement of the music and television works involved. Therefore, the plaintiff’s subject qualifications in this case are qualified.
The court mentioned that the nine music and television works without the logo of the copyright owner Rolling Stone International Music Co., Ltd. were too short to show that the seven music and television works provided in the defendant’s business premises were copyrighted works by the plaintiff. The “Notarization” and evidence collection video submitted by the plaintiff can prove that the plaintiff ordered 304 music and television works involved in the case at the defendant. The defendant failed to submit evidence to prove that it was legally authorized by the copyright owner, so the defendant had violated the plaintiff’s copyright.
The court ruled that the defendant Xi’an True Love Fantasy Catering & Entertainment Co., Ltd. immediately stopped broadcasting and deleted the infringing music and television works from the song-demanding system where it opened its business premises; within ten days after the judgment became effective, the defendant Xi’an True Love Fantasy Catering & Entertainment Co., Ltd. compensated the plaintiff The China Audiovisual Copyright Collective Management Association lost 9,100 yuan (including reasonable expenses to stop the infringement); the other claims of the plaintiff, China Audiovisual Copyright Collective Management Association were rejected.
According to the data from Tianyan Check, Jay Chou’s shareholding ratio in Xi’an True Love Fansi reached 15%.shareholderTrue love for Xi’anserviceEnterprise company limited by shares, holding 85%.Business information shows that theFoundedIn January 2012, the registered capital was 50 millionRMBThe business scope is mainly food sales, KTV and bars.
The Southern Metropolis reporter learned that KTV venues that use mass music TV and music works to provide consumers with karaoke services are obliged to pay copyright fees to copyright owners. In order to solve the problem of KTV operators’ difficulty in obtaining authorization from mass rights holders in practice Question, based on the “Copyright Collective ManagementRegulations“The Sound Collection Association was established in 2008 with the approval of the National Copyright Administration.
As the only copyright collective management organization in my country that manages audiovisual rights holders,acceptCommissioned by the China Music Copyright Association (“Audio Works Association”) to collect copyright royalties from the KTV industry on behalf of the rights holders of music television and music works.
However, in recent years, lawsuits between the Music Collection Association and KTV have continued. In November 2018, a paper from the Sound Collection Associationannouncement“Require KTV to remove more than 6,000 songs from the shelves.” After that, nine KTV companies from the Guangdong region sued the Audio Collection Associationmonopoly. In March 2019, the case was reported in Beijing KnowledgepropertyThe court opened a hearing.But until June of this year, the Southern Metropolis reporter learned that nine of Guangdong’senterpriseThe litigation request was rejected by the court.
(Source: Southern Metropolis Daily)
(Editor in charge: DF353)
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