After the first instance of Yichang City Intermediate People's Court and the second instance of Hubei Provincial Higher People's Court, the case of well-known singer Jiangyang Zhuoma and a cultural company in Hubei for infringement of Daolang's copyright recently reached the final verdict. Jiangyang Dolma and a cultural company in Hubei were found guilty of infringement and were required to jointly pay 75,000 yuan in compensation.
The plaintiff, a music and cultural development company in Beijing, discovered on the Internet that a cultural company in Hubei held a "Stars Concert" somewhere in Hubei Province a few years ago, and Jiangyang Zhuoma sang "Love Song of the West Sea" live at the concert. Take Jiangyang Dolma and the organizer to court.
Jiangyang Zhuoma (data map) Source: Hubei Daily
Previously, Daolang had authorized a music and cultural development company in Beijing to produce "Love Song of the West Sea", "Tenderness in the Hand" and "Memories Floating in the Rain" within the authorization period. Musical works, exclusively enjoy or manage all copyrights of authorized works, and have the right to safeguard rights in their own name according to 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 works during the authorization period, and had The right to pursue the infringer's tort liability in his 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.
Singer Daolang (video screenshot) Source: Hubei Daily
In accordance with the relevant provisions of the Copyright Law of the People's Republic of China, the court made a judgment that the defendant Jiangyang Zhuoma and a cultural company in Hubei both bear infringement liability and jointly compensate the plaintiff, a music culture company in Beijing. The development company's economic losses and reasonable rights protection expenses totaled 75,000 yuan.
This case is the first intellectual property infringement case in Yichang caused by performing other people's works at a 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 | Hubei Daily Yuan Chaoyi Wu Ruyu Shi Zhihong
