The KTV owned by Jay Chou was sued by the Music Collection Association in court due to song infringement. On October 30, Nandu reporters learned from the China Judgment Document Network that Xi'an True Love Fantasy Catering and Entertainment Co., Ltd. (hereinafter referred to as "True Love Fantasy") was found guilty of broadcasting "Rainbow", "Happy Breakup", and "Ningxia" 313 other music and television works were sued by the China Audiovisual Copyright Collective Management Association (hereinafter referred to as the "Audiovisual Copyright Association").
In the end, the court ruled that True Love Fantasy immediately stopped broadcasting and deleted the involved infringing music and television works from the song request system of its business premises, and compensated the Audio Collection Association for losses of 9,100 yuan.
It can be learned from the first-instance civil judgment of the case that the plaintiff Music Collection Association believed that True Love Fantasy used the above 313 music works on the song request system for profit without permission and without paying royalties, which was a serious infringement. The legitimate rights and interests of the copyright owner.
However, the defendant True Love Fantasy believes that the evidence provided by the Music Collection Association cannot prove that it has the right to claim rights to the songs involved in the case, and emphasizes that its music library comes from the VOD system supplier Shaanxi Leishi Electronic Technology Co., Ltd., and has a legal source, and No infringement. The
judgment shows that the 313 songs found to be infringing by the court belong to a collection of selected works of members of the Music Collection Association called "POP CLASSIC Popular Song Classics (Second Series)", which is published by China Record Corporation and supervised by the Music Collection Association. The "Copyright Owner" is printed below the song list of this DVD album: Rolling Stone International Music Co., Ltd. (hereinafter referred to as "Rolling Stone International"), and the back of the envelope 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., and may not be used without permission. Violators will be prosecuted."
On March 6, 2012, the Audio Collection Association and Rolling Stone International signed the "Audio and Video Copyright Authorization Contract", and the latter agreed to transfer the screening rights and reproduction rights of the audio and video programs it already owns (the signing of both is limited to karaoke operating establishments) , the broadcasting rights are managed by the Audio Collection Association. The above-mentioned contract is valid for three years. On December 4, 2017, Rolling Stone International agreed to extend the validity period of the above-mentioned contract to December 31, 2020. Among them, only 9 music video works such as "Supersunshine" and "I Love You Like This" do not have the logo of the copyright holder, Rolling Stone International.
Therefore, the court held that the legal publications submitted by the Audio Collection Association stated that the copyright was Rolling Stone International Music Co., Ltd., and Rolling Stone International Music Co., Ltd. transferred its audio-visual program screening rights, reproduction rights, and The broadcasting rights were authorized to the plaintiff Music Collection Association in this case, which can prove that the plaintiff Music Collection Association has the right to file a lawsuit in its own name for infringement of the music and television works involved in the case, so the plaintiff is qualified as a subject in this case.
The court mentioned that the nine music television works without the logo of the copyright owner Rolling Stone International Music Co., Ltd., because the playing time was too short, could not fully prove that the seven music television works provided in the defendant's business premises were copyrighted works by the plaintiff. Therefore, the "Notary Certificate" and evidence collection video submitted by the plaintiff can prove that the plaintiff ordered the 304 music TV works involved in the case at the defendant's place. The defendant failed to submit evidence to prove that it was legally authorized by the copyright owner, so the defendant has infringed on the plaintiff's copyright. .
The court ruled that the defendant Xi'an True Love Fantasy Catering and Entertainment Co., Ltd. should immediately stop broadcasting and delete the infringing music and television works involved in the song request system of its business premises; the defendant Xi'an True Love Fantasy Catering and Entertainment Co., Ltd. should compensate the defendant within ten days after the judgment came into effect. The plaintiff China Audiovisual Copyright Copyright Collective Management Association suffered losses (including reasonable expenses to stop the infringement) of 9,100 yuan; the remaining claims of the plaintiff China Audiovisual Copyright Collective Management Association were dismissed.
Tianyancha data shows that Jay Chou holds 15% of the shares of Xi'an True Love Fantasy, and the other major shareholder is Xi'an True Love Service Co., Ltd. , with a shareholding ratio of 85%. Industrial and commercial information shows that the company was established in January 2012 with a registered capital of 50 million yuan and its business scope mainly includes food sales, KTV and bars.
Nandu reporter learned that KTV venues that use a large number of music videos and music works to provide consumers with singing services are obliged to pay copyright fees to the copyright holders. In order to solve the problem that in practice it is difficult for KTV operators to obtain authorization from a large number of rights holders one by one. As for practical issues, in accordance with the provisions of the "Copyright Collective Management Regulations" and with the approval of the National Copyright Administration, the Audio Collection Association was established in 2008.
is the only copyright collective management organization in my country that manages audio and video rights holders. At the same time, the Music Collection Synergy was also entrusted by the China Music Copyright Association (hereinafter referred to as the "Music Copyright Association") to collect copyright royalties from the KTV industry on behalf of music television and music work rights holders.
However, in recent years, Yinji Xiehe KTV has been involved in constant lawsuits. In November 2018, the Music Collection Association issued an announcement "requiring KTVs to remove more than 6,000 songs." After that, nine KTV companies from Guangdong sued the Music Collection Association for monopoly. In March 2019, the case was heard in the Beijing Intellectual Property Court. However, it was not until June this year that Nandu reporters learned that the lawsuit claims of nine companies in Guangdong were rejected by the court.
Written by: Nandu reporter Xu Bingqian
