Karaoke company infringed copyright
Print Edition
CHINA Audio-Video Copyright Association was awarded nearly 50,000 yuan (US$7,701) in compensation from a local karaoke house and one of its chain stores in Yangpu District after the two played music videos managed by the association without paying for the right to do so, the Yangpu District People’s Court said yesterday.
The association is the only state organization that manages audio/video copyrights and deals with copyright-related issues, the court said.
It signed a contract with Taiwan’s Rock Records four years ago, acquiring the rights to its music videos for use in domestic karaoke houses.
According to the court, in April 2014, the local karaoke house, which was not named by the court, refused to renew its contract and ordered its chain store to refuse as well, despite the fact that it kept playing the association’s videos, which was an infringement of copyright.
The association later filed a lawsuit demanding that the chain store cease using its material, remove it from its music library, and pay compensation. It also said its parent company should accept joint responsibility.
In court, the two defendants said they didn’t renew the contract with the association because it failed to offer them an authorized music library. They also claimed that some of the music videos were not versions provided by Rock Records, citing the fact that they displayed a third party's logo, and therefore were not owned by the record firm.
The parent company also told the court that the chain store’s music library was purchased independently and was therefore exempt from the proceedings.
Since the two defendants couldn’t provide sufficient evidence to prove the videos they used were not from Rock Records, the court ordered the chain store to cease playing them and delete the videos from its system. It also ordered it to pay the plaintiff 49,000 yuan to cover its economic losses. The court also decreed that the parent company should help to contribute to the compensation payment.
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