Thursday, December 30, 2010

Shanxi KTV infringement proceedings in the first case of the conclusion of the required compensation to 17 million

As a result of unauthorised arbitrarily use someone else's MTV music video works, the provincial capital fuke floor hotel, Taiyuan City Music Unlimited Entertainment Co., Ltd., recently was court orders to stop infringement, and to compensate the plaintiff total economic losses etc. 17.1 Yuan. This is the first cause of Shanxi province of entertainment does not pay the karaoke copyright royalties arising in a civil lawsuit.

11 May this year, China's audiovisual copyright collective management societies (hereinafter referred to as "the tone set Association") is a member — baritone dissemination (Shenzhen) co., Ltd. will fuke floor hotel, music unlimited entertainment companies to court, the prosecution on the grounds that the two karaoke undertakings without permission, are also not paid, but for profit without authorization in the song used in the system over the plaintiff's copyrighted music television production. The plaintiff requested the Court to order the defendant to stop infringement, two from the library, remove the infringing works and to compensate the plaintiff economic losses and to stop the infringement of the reasonable expenses of $ 65 million, and bear all the costs of the proceedings.

City intermediate people's court hearing the case, the two accused on the karaoke royalty fees and compensation and the plaintiff and the consultations, but did not reach consensus. 20 July, city intermediate people's Court judgments, orders the defendant to stop infringement, two bear all the costs to compensate the plaintiff economic losses and litigation arising out of the reasonable expenses totalling $ 17.1.

Karaoke copyright royalty, refers to the karaoke operators through the collective management organization, to music and music video works right to pay remuneration. Introduced in the Copyright Office staff, since 2007, Chinese music copyright Association and the Association of Chinese "code set" begins in the city's karaoke copyright royalty collection, and to the city all karaoke operator served on the relevant information, and details the paying of a legal basis, paying standard and etc. To date, more than 120 karaoke establishments, positive pay copyright royalties of karaoke has reached 75%, but there are still some operators although repeatedly urged that still continue to use the infringement of the right holder.

China's "tone set Association" stakeholders indicated that the litigation claim is not an end, they would just want to let more karaoke managers strengthen copyright protection awareness initiative to join the ranks of legitimate business. Because only allow right holders to be return to induce the majority of the ten authors create more outstanding music. For a small portion withheld karaoke copyright royalty of infringers, they will take further measures to expand rights.

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