According to the Yichang Intermediate People's Court, recently, after the first instance of Yichang Intermediate People's Court and the second instance of Hubei Higher People's Court, the case of well-known singer Jiangyang Zhuoma and a Hubei cultural company infringing on Daolang's copyright made a final judgment.
The court ruled that Jiangyang Zhuoma and a cultural company in Hubei were both liable for infringement, and jointly compensated a music and culture development company in Beijing for economic losses and reasonable rights protection expenses totaling 75,000 yuan.
A few days ago, a music and cultural development company in Beijing discovered on the Internet that a few years ago, a cultural company in Hubei held a "Stars Concert", and Jiangyang Zhuoma sang "Love Song of the West Sea" live at the concert, so Jiangyang Dolma and the organizer went 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 Hands" 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 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 "Love Song of the West Sea" involved in the case; neither the organizer nor the singer of the concert reviewed whether the songs to be performed had obtained permission and paid remuneration in advance from the copyright holder of the song involved in the case. Under this situation, the organizer organized the concert, and the actions of the organizer and the singer infringed the plaintiff's copyright in the work involved. A judgment was made in accordance with the relevant provisions of the Copyright Law of the People's Republic of China.
According to the Yichang Intermediate People's Court, this case is Yichang's first intellectual property infringement case 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 holder and pay remuneration. The organizer of the concert is obliged to check whether the songs sung by the performers have copyright or whether they have been authorized and paid; if the singer is not performing his own musical works but using other people's works, he must first check with the organizer Whether the party obtains permission from the copyright owner and pays remuneration. Otherwise, you must contact the copyright owner promptly, obtain authorization and pay remuneration before performing.
Xiaoxiang Morning News Comprehensive
