Demonstration of the case | KTV is accused of infringement some songs are not "sing and sing" | Copyright case

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"K song" has become an important content of current entertainment consumption, but many people may not know that the songs played in KTV are copyrighted. If it is not legally authorized by the copyright owner, KTV may bear legal responsibilities according to law. Recently, a number of KTV in Nanchang was sued to the court of High-tech Zone for violating song copyright.

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PART 1

Basic case

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The plaintiff is a media company in Songyuan City, and the defendant is a KTV concert hall in Nanchang. The plaintiffs have Copyrights to 109 music videos. The plaintiff found that the defendant without permission, for the purpose of business, without authorization, through the consumer's on-demand way in the KTV, including "Encounter True love", "Peach Blossom for three months", "China Red" and a total of 109 plaintiff's copyrighted works. The plaintiff believed that the above behavior violated its legitimate rights and interests, and caused economic losses to the plaintiff, so the plaintiff sued the court, asking the defendant to stop the infringement and compensate for economic losses.

 

PART 2

Results of judgments and rulings

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The court held that copyright and copyright-related interests are protected by law. The defendant of a KTV concert hall in Nanchang did not obtain the authorization of the right holder of the song works involved in the case, and provided karaoke karaoke singing services to consumers in its business premises, which infringed the copyright of the plaintiff's work involved in the case. Although the defendant has signed a copyright license Agreement with the VCA, the 109 music videos involved in this case are not works managed by the VCA. Considering that the defendant has fulfilled his duty of reasonable care, his civil liability for compensation can be reduced. The court then made a judgment in accordance with the law, the defendant stopped the infringement, and compensated the plaintiff for economic losses (including reasonable costs) a total of 4,950 yuan.

 
 

PART 3

Law link

 
Copyright Law of the People's Republic of China
Articles 52 and 53 provide:
Those who, without the permission of the copyright owner, reproduce, distribute, perform, screen, broadcast, compile, or disseminate their works to the public through information networks shall, in light of the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact, offering an apology, and compensating for losses. (Source: Jiangsu High People's Court)

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