According to Hubei Daily news
Recently,
the Yichang Intermediate People’s Court first instance
Hubei Provincial Higher People’s Court second instance
The well-known singer Jiangyang Zhuoma and a cultural company in Hubei
Daolang’s copyright infringement case
ushered in the final verdict
Jiangyang Zhuoma and a cultural company in Hubei
were found guilty of infringement
and were required to jointly compensate 75,000 yuan
On a certain day
the plaintiff, a music and cultural development company in Beijing
, found on the Internet
A cultural company in Hubei held a "star concert" somewhere in Hubei Province a few years ago. "will"
Jiangyang Zhuoma sang "The Love Song of the West Sea" live at the concert
and then Jiangyang Zhuoma and the organizer were sued to court
It is understood that
Daolang had authorized
a Beijing music and culture development company
within the authorization period
exclusively enjoys or manages all copyrights of
authorized works such as "Love Song of the West Sea", "Tenderness in the Hand"
and "Memories Floating in the Rain"
, and has the right to defend rights in its own name according to law
At the same time,
Dao Lang is in " Authorization Confirmation and Declaration"
solemnly stated
that the above three musical works
he himself had never authorized Jiangyang Zhuoma to sing
The court held that
Daolang was the copyright holder of the musical work
"Love Song of the West Sea"
and his copyright was protected by law
With his authorization
the plaintiff, a music and culture development company in Beijing
, exclusively enjoyed or managed all copyrights of
authorized works within the authorization period
and had the right to pursue the infringers' liability for infringement in accordance with the law in their own names
The defendant did not obtain
in advance The case involved the permission of the copyright holder of the musical work "West Sea Love Song"
and payment of remuneration
Neither the organizer nor the singer of the concert
reviewed whether the song to be performed
had obtained the permission in advance from the copyright holder of the song involved in the case
and payment of remuneration
Here Under the circumstances, the behavior of the organizer, that is, the organizer of the concert
and the singers
all infringed the plaintiff's copyright of the work involved
In accordance with the relevant provisions of the Copyright Law of the People's Republic of China
, a judgment was made
The judge introduced
This case is in Yichang The first
case of intellectual property infringement caused by performing other people's works at a commercial concert
would like to remind everyone that
concerts are held by performance organizers
If it is necessary to use other people's works for performances
the organizer will obtain the copyright owner Licensing and paying
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 them
When performing other people's works
you must first ask the organizer
whether it has obtained the copyright owner's permission and paid remuneration
Otherwise
must promptly contact the copyright holder
obtain authorization and pay remuneration before performing
