Jimu News reporter Zhao Bei
Correspondent Wu Ruyu Shi Zhihong
html On January 16, Jimu News reporters learned that recently, after the first instance of the Yichang Intermediate People's Court of Hubei Province and the second instance of the Hubei Higher People's Court, the well-known singers Jiangyang Zhuoma and Hubei A final judgment was made in the case of a cultural company infringing on Daolang's copyright. The defendants, singer Jiangyang Zhuoma and a cultural company in Hubei, were both liable for the infringement and jointly compensated the plaintiff, a music and cultural development company in Beijing, for economic losses and reasonable rights protection costs totaling 75,000 yuan. Thecase shows that one day, the plaintiff, a music and culture development company in Beijing, discovered on the Internet that a few years ago, a cultural company in Hubei held a "Stars Concert" somewhere in Hubei Province, and Jiangyang Zhuoma sang live at the concert. He wrote "Love Song of the West Sea" and took Jiangyang Dolma and the organizer to court.
It is understood that Daolang has authorized a music and culture development company in Beijing to exclusively enjoy or manage all copyrights of authorized works such as "Love Song of the West Sea", "Tenderness in the Hand" and "Memories Floating in the Rain" within the authorization period, and Have the right to defend their rights in their own name in accordance with the law. At the same time, Daolang solemnly stated in the "Authorization Confirmation and Statement" that he himself had never authorized Jiangyang Dolma to sing the above three musical works.
The court held that Daolang is the copyright holder of the musical work "Love Song of the West Sea", and his copyright is protected by law. With his authorization, the plaintiff, a Music Culture Development Co., Ltd. in Beijing, exclusively enjoyed or managed all copyrights of the authorized work during the authorization period, and They have the right to pursue infringement liability in their own name according to law. The defendant did not obtain permission and pay remuneration in advance from the copyright holder of the musical work "West Sea Love Song" involved in the case; neither the organizer nor the singer of the concert reviewed whether the songs to be sung had obtained permission and paid remuneration in advance from the copyright holder of the song involved in the case. In this case, the concert was organized. Both the organizer and the performer were at fault, and their actions infringed the plaintiff's copyright of the work involved. A judgment was made in accordance with the relevant provisions of the Copyright Law of the People's Republic of China.
This case is the first intellectual property infringement case in Yichang caused by performing other people's works at a commercial concert. The judge reminded that if a performance organizer holds a concert and needs to use other people's works for a performance, the organizer must obtain permission from the copyright owner and pay remuneration. The organizer of the concert has the obligation to review whether the songs sung by the performers have copyright or whether they have been authorized and paid. If the singer does not perform his own musical works but uses other people's works to perform, he must first ask the organizer whether he has obtained the copyright owner's permission and paid remuneration. Otherwise, you must contact the copyright owner promptly, obtain authorization and pay remuneration before performing.
(Source: Jimu News)
