Yunnan province first karaoke copyright lawsuit with new progress. Two days ago, Kunming, Ji-hye trading co., Ltd. (Xingyue Pearl KTV city to its subordinate unit) President Assistant, Chief of Qin song where the Yunnan Provincial higher people's Court of final judgment on the case, provincial higher people's court decree 5 song of tort compensation price is $ 2500. "Fundamental issues still not resolved!" on this, some industry insiders that short time, the judgment does not in Yunnan, chaos in the karaoke royalty seesaw effect produced substance.
13 January last year, China's audiovisual copyright collective management societies (hereinafter referred to as the tone set Association) of the baritone dissemination (Shenzhen) co., Ltd. and Beijing Tianyu simultaneous information technology co., Ltd. Joint infringement of property rights, will work in Kunming Xingyue Pearl KTV, flying dragon KTV, fanggong KTV, together with the Court. Where the stars and the Pearl KTV was asked to remove "c", "love the flavor of love" and other songs of the first decade and the corresponding compensation in tort for economic loss. The plaintiff in the complaint, said: the exclusive authorized, the plaintiff made in connection with the music television production in mainland China to copy, distribute, show the right, the accused, without permission, the plaintiff was not paid to profit, without authorization in a VOD system using the above mentioned music, requests the Court to order the defendant to put an immediate end to the infringement, removed from VOD system, and the tort works to each of the first $ price compensation for economic losses and other related costs.
In early August of last year, Kunming city intermediate people's Court for instance judgment, Decree the accused of the compensation for the two plaintiffs loss (tort costs, attorneys ' fees, notarial maintenance costs) totals $ 8890. In the first instance, Kunming city intermediate people's Court to KTV quantity of rooms, library memory have the track number, copyright collective management bodies charging standards as a reference, taking into account the use of infringement and licensing behavior difference, at the discretion of the sentencing Xingyue Pearl KTV city compensation fee all tortious two plaintiffs $ 280. The other two defendants convicted of total compensation. The first-instance judgment was pronounced, the Prosecutor immediately expressed will appeal.
2009-12-11, provincial higher people's Court make the final judgment on the case: the plaintiff are legally entitled to sue, without permission, KTV city constitutes infringement, you should take appropriate civil liability. The Court of first instance made the "support to stop infringement, remove related music" award. Upheld the judgment of 280 infringement fee amount too low, the Court at the discretion of the respective compensation two KTV city to the plaintiff in tort costs $ 2500 plus attorneys ' fees, notarial fees, preserving case acceptance costs amounted to $ 8042.
■ Voice
KEs: relative royalties more willing to undertake the compensation
For the judgment of the Qin song where stated: "the plaintiff side should make public announcements, copyright works so that we can remove some obsolete old song, or let us know what songs infringement. ”
As a result of this ruling did not address the Kunming KEs copyright fees, number of KTV official said that they were not able to read more information on their concern is also does not disappear, "this copy of the judgment does not tell us what charges of copyright, it is not guided. ”
However, these KTV said a long legal battle, the code sets the Association and may not be able to recover litigation costs that they did not fear that a similar lawsuit comes back to "relative to the large number of royalty, this compensation we prefer. "A KTV officials said.
Tone set Association: later, is the first 500
In mid-October of last year, the tone set Association officials said it would take a chain litigation, for those who like to play the role of the "old" Lai KTV of paralyzed.
Tone set Association Chief Representative in Yunnan, Zhang Yan Hui said that the provincial high court to make the final judgment is "good news", "explains we take judicial procedures to safeguard the interests of the copyright owner. "Zhang Yan Hui also believes that this decision will provide for their work more convenience," and the first instance of the price compared to compensation, which significantly improve on other KTV is a warning. It will encourage the KTV industry legal business, and warning them of the infringement is not free. "He said, the provincial high court judgment on the dignity of the law" have been maintaining! "
Zhang Yan Hui and not worry about the cost of proceedings and evidence of difficult issues, "since the beginning, we come to KTV infringement, is no longer the 5 first, but first, 500 for the first 50!"
Lawyers: 'd sit down slowly on
The legal profession that tone set Association wishes to exert pressure on the Court to resolve the Yunnan karaoke copyright infringement issues, and ultimately is not necessarily valid, "the best approach or sit down slowly. "Star with the law firm of lawyers, Sun Quan said.
For the same reason, in November last year, Kunming is the modern holiday KTV, Pearl River source Hotel Dragon House image entertainment Club, KTV panlong nine songs and about Hotel KTV of four enterprises, becoming the second batch of litigation in Yunnan province. Province of the judgments of the High Court, could be the Kunming city intermediate people's Court judgment on the case. Modern holiday KTV General Manager the right GUI Tong believes that the first $ 500 price for compensation, in fact, is still very high, "at this price, the tone set one year in the country collecting millions of royalty!"
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