the "Dream Water Village" as the background music playing in the stores in our city and a store of a company by the Chinese Music Copyright Society sued on grounds of copyright infringement, the court, claiming the 20,000 yuan. Yesterday morning, Lucheng District People's Court began hearing of this city's first store to use background music infringement. The two sides have not agreed on the amount of compensation, the court conciliation fails, they will be a sentencing date.
"Dream Water Village" trigger a lawsuit
the morning of January 14 this year, the Music Copyright Society of China came to a notary urban 5 Ma Street, the company store to play background music, a recording shortly thereafter to the courts seeking compensation for economic loss and related costs 20,000 yuan.
in court, the plaintiff lawyers are available, said Wu, the company operated stores without authorization will be the song "Dream Water Town" playing as background music public use, under the "Copyright Law" the relevant provisions have been violated the copyright owner the right to perform musical works.
"the company's use of background music store, to create a comfortable shopping environment for shoppers, improve the process of consumers in shopping pleasure, and consequently on the sale of businesses play a role in promoting, is an indirect benefit The commercial use behavior. Therefore, in the commercial background music sites are performing the exercise of the right of the copyright owner, should pay a reasonable royalty. "Wu is to say that.
this, the company's defense lawyer, said Zhu Xiaoyong, the company sells shoes, not the music, play background music store just to create a shopping atmosphere. "As for playing background music on the operating profit is what kind of benefits or are unable to assess and determined. "
Music Copyright Society of whether the right to sue
Wu is to say, the Music Copyright Society of China by the State Copyright Bureau and co-sponsored the establishment of the Chinese Musicians Association and approved by the State Press and Publication Administration to establish, and now China's only music copyright collective management organization. The association involved in this case by including the song "Dream Water Village" and the authorization of the copyright, and under copyright law and the provisions of copyright collective regulations to carry out various tasks, focus on the exercise of the rights of the copyright owner.
Zhu Xiaoyong this is challenged. He held that the plaintiff and the songs of authorization signed by a notary public, the contract has not been whether the agreement signed by the author and the lack of appropriate evidence. "If you can not prove that the plaintiff is authorized through the songs of the plaintiff in the present case does not have the right to sue. "
"plaintiff, songs of the authorization contract signed with the Association, have not been notarized? "The judge asked.
"there is no notary is not clear, we believe that it is not notarized contract prerequisites. "A plaintiff.
background music on how charges will
During the hearing, the plaintiff demands compensation 20,000 yuan, became the focus of debate both sides. It is understood that the plaintiff in the prosecution of the former with the company has had consultations regarding the background music, but the differences in costs, consultation no results.
"plaintiff, you use background music on the store's fees are what ways? "The judge asked.
"general store business in accordance with the size of an area determined through consultation. "A plaintiff.
this, Zhu Xiaoyong that the plaintiff's charges are too high, nor a clear fee. And the existence of background music store infringement, the law does not clearly open to question. "This store was opened in 2001, the store place of business is small, and we are using a genuine music disc, it should be said that copyright holders have been paid compensation, to give us the fees are unreasonable. "
this, Wu is able to address the said fee is very clear, is approved by the National Copyright Administration, also have a legal basis. Is the area of business such as shops to charge, the cost per square meter per year more than 2 yuan, a shop charges no less than 200 years.
Since both sides on the specific amount of compensation is not agreed, the court conciliation fails.
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