In 2008, the background music is the sound of the discussion, overwhelming Music Association, KTV, supermarkets, restaurants, and other home entertainment, consumer site unauthorized playback songs presented a lawsuit. July 23, the same year, the Chinese music copyright Association to play background music in the restaurant of Hangzhou nine Nigel bowls Court, claim 3.5 million. Nine Nigel Bowl became the first who play without permission of background music while sitting on the dock's restaurant.
In this case, August 21, 2009 in Hangzhou, a.m. homes the hearing on the Association of Chinese music copyright lawsuit against Hangzhou nine Nigel Bowl chain restaurant food company infringement case. Copyright protection is excessive and the public interest that conflicts once again become the focus of attention of the society. What is the restaurant that when consumers eat play background music? this issue should be a better answer, if the restaurant has the need, of course you want to play. At that time, the restaurant is the background music pay? believe the answer is not very good answer. A large dining channel edit position stand on the side of the restaurant: think restaurant play background music not the charges.
Although there are copyright, but how the copyright is defined, it is estimated that no one can be a very clear statement. Chinese music society fees has its own reasons: in the absence of authorization, you play the music of the Association is a tort, as rights shall have the right to take legal action for damages. But the background music of charge what defines? press and Publications Department, Deputy Commissioner, State intellectual property Office had a yanxiaohong interview so explained: "music copyright fee schedule to determine how? should be negotiated, if the consultation does not, in accordance with the law should not use. "," Use the KTV music works, first by right holders permission and pay royalties to use. But in the right people in the use of radio and TV music without license beforehand, you need to pay the remuneration. ”
Food shop as a business group, use the background music to the service consumer, the background music is as a commercial Assistant, theoretically should charge. However, only to claim a first changed to $ 3.5 TTV really let people could not understand. To this end, the appearance of the Chinese music copyright Association staff qiulin peak said, according to the law, a performer entitled to include the right to show the "machinery", that is, as long as the consent of the author without the songs, use various means to reproduce the work, even if the tort. The provisions of the "law on public i.e. tort, whether or not for profit. "Nine Nigel Bowl defence counsel Zhejiang inpu lawyers hair love East believes that even in the relatively stringent intellectual property protection in developed countries, nor the right to show the" machinery "for such a broad interpretation.
"Compensation" became the focus of the trial. Too high will make a lot of restaurant because of fear of infringement do not dare to play background music, this effect is one of the restaurants. If, in accordance with the Association of Chinese music copyright fees and nine Nigel Bowl Canal shop business area, a day to pay costs $ 5.2, business time to 6 hours per song to 2 minutes, one day nine Nigel Bowl will play 180 song, count down this piece of the Gong brother's song "just pay $ 0.029 3.5 million of compensation and the difference is too great.
Chinese restaurants although prosperity, but also a fragile business groups. Especially small and medium-sized food shop, not only to respond to raw material cost increases, people weary, acute crisis of bewilderment, levied in a variety of social taxes and charges, sometimes even a bit of money by charging the background music, it is possible to become "the camel's straw".
Please do not put too much pressure "straw" to the restaurant industry groups very! need community support!
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