IP
First case of copyright infringement on background music solved |
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It is learnt on 15 from Hangzhou office of Music Copyright Society of China that, the first case of copyright infringement on background music in catering industry was solved in Hangzhou. Hyatt Regency Hangzhou Hotel and "900 Bowls" company involved were charged with 15,000 yuan and 5,500 yuan compensation respectively. In March, 2009, Hyatt Regency Hangzhou Hotel and "900 Bowls" company were charged with copyright infringement for their use of Music Copyright Society of China’s music works, "Image Life (相片生活)" and "Song of Naïve Brother (憨哥哥的歌)". Hyatt Regency Hangzhou Hotel was so surprised after receiving court summons and expressed that they believed on-site performance is different from playing the discs and thus should not be regarded as infringements of music works. However, it is a typical infringing behavior according to Music Copyright Society of China’s explanation. Afterwards, Hyatt Regency Hangzhou Hotel contacted actively with Music Copyright Society of China and hoped to build cooperation with it. As for "Image Life (相片生活)", Hyatt Regency agreed to compensate 1,5000 yuan. Music Copyright Society of China withdrew the lawsuit at Hangzhou Intermediate People’s Court and both parties signed a contract of license for background music in which the license fees are 8,000 yuan per year; and "900 Bowls" was verdict to compensate 5,500 yuan. Background music means those played at marketplaces, hotels, restaurants and other operational places with the help of technical equipments. According to Berne Convention for the Protection of Literary and Artistic Works, any use of music at operational places should pay copyright owners. In China, Music Copyright Society of China would have 20% of that payment as daily expenses and the left belongs to composers. |
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