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The KTV held by Jay Chou was sued by the Sound Collection Association for song infringement. Yesterday (October 30), the Southern Metropolis reporter learned from China Judgment Written that Xi’an True Love Fantasy Catering & Entertainment Co., Ltd. (hereinafter “True Fantasy Fantasy”) performed “Rainbow”, ” Happy Breakup “and” Ningxia “” and 313 other music and television works were reported by the China Audiovisual Copyright Collective Management Association (hereinafter “Audio Collection Association”).
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In the end, the court ruled that True Love Fantasy immediately stopped playing and removed the offending music and television works from the VOD system where it opened its commercial facilities, and compensated the Audio Collection Association for losses of 9,100 yuan.
It can be deduced from the civil judgment of the first instance of the case that the Plaintiff’s Audio Collection Association believed that True Love Fantasy had used the 313 musical works mentioned above 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 he has the right to claim rights to the songs involved in the case, and emphasizes that his music library comes from the VOD system provider. Shaanxi Leishi Electronic Technology Co., Ltd., and has legal sources. Infringement.
The verdict showed that the 313 songs that the court found infringing belonged to a collection of works by members of the Sound Collection Association called “POP CLASSIC (Second Series)”, which was published by China Recording 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 “Rolling Stone International”), and the back of the cover is printed with “Statement: The copyright of the music and television works in this publication belongs to Rolling Stone International Music Co., Ltd. Co., Ltd., will not be used without permission, the infringer will be investigated.
On March 6, 2012, the Music Collections Association and Rolling Stone International signed the “Audiovisual Copyright Authorization Agreement”. The latter agreed to grant the rights to show and copy the audiovisual programs it has distributed (the signature of the two is limited to commercial karaoke venues), Management of the Association of Audio Collection of Broadcasting Rights Trust. The aforementioned contract is valid for three years. On December 4, 2017, Rolling Stone International agreed to continue to extend the term of the aforementioned contract until 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 filed 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. approved the “Audiovisual Copyright Authorization Agreement” to have the rights to show, copy and transmit audiovisual programs. 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 bring a lawsuit on its own behalf for the infringement of the musical and television works involved. Therefore, the qualifications of the plaintiff’s subject 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 at the defendant’s business premises they were works protected by the plaintiff’s copyright. The “notarization” and evidence gathering video submitted by the plaintiff may prove that the plaintiff ordered 304 music and television works related to the case from the defendant. The defendant did not present evidence to show that he was legally authorized by the copyright owner, thus the defendant had infringed the plaintiff’s copyright.
The court ruled that defendant Xi’an True Love Fantasy Catering & Entertainment Co., Ltd. immediately stopped broadcasting and removed the infringing music and television works from the song demand system where it opened its commercial facilities; Within ten days of the entry into force of the judgment, the defendant Xi’an True Love Fantasy Catering & Entertainment Co., Ltd. compensated the plaintiff for the loss of the China Audiovisual Copyright Collective Management Association ( including reasonable expenses to stop the infringement) was 9,100 yuan; the remaining claims of the plaintiff, the China Audiovisual Copyright Collective Management Association, were rejected.
Public information shows that Jay Chou’s stake percentage in Xi’an True Love Fantasy reaches 15%, and the other major shareholder is Xi’an True Love Service Co., Ltd., which owns 85%. According to the industry and trade information, the company was established in January 2012 with a registered capital of 50 million yuan, and its business scope is mainly food, KTV and bars sales.
The Southern Metropolis reporter learned that KTV venues that use works of music and mass television to provide consumers with karaoke services are required to pay royalties to copyright owners. To solve the problem of the difficulty of KTV operators to obtain the authorization of the holders of mass rights in practice The problem, in accordance with the provisions of the “Regulation on Collective Management of Copyright” and approved by the Administration National Copyright, the Sound Collection Association was established in 2008.
As the only copyright collective management organization in China managing audiovisual rights holders, it also accepts the commission of the China Music Copyright Association (“Audio Works Association”) during the synergy of music collections. to collect royalties from the KTV industry on behalf of music and television rights holders.
However, in recent years, lawsuits between the Music Collection Association and KTV have continued. In November 2018, the Sound Collection Association announced that “KTV must remove more than 6,000 songs.” After that, nine KTV companies from the Guangdong region sued the Sound Collection Association for monopoly. In March 2019, the case was heard at the Beijing Intellectual Property Court. However, until June of this year, Nandu reporters learned that the court rejected the claims of nine companies in Guangdong.
