Attorney-at-law:   Liu Ping
 
Case Summary:
In September 2002, the copyright owner discovered that 12 types of mobile phones produced by Huizhou TCL Mobile Communications Co., Ltd. (“TCL Company”) were sold on a large scale in the market with the names of Kushidai 2898, Lingyun 3188, Yuanyun 3288, Haiyun 3388, Manbuzhe 8388, Jixiangzhe 8688, Dafuhao 8988, Fuguilong 8198, Jixiangfeng 8298, Jinbaobei 6298, Mantianxing 6898 (Luxurious Jewel Model) respectively. However, TCL Company, the manufacturer, used without authorization 23 famous music works including “Dance of Youth (by Wang Luobin)”, “Song of Seven Sons (by Li Haiying)”, “Women Are Tigers (by Zhang Qianyi)” and “Let’s Pull on the Oars (by Liu Zhi)” as the mobile phone ringtones.
 
Entrusted by the plaintiff Music Copyright Society of China (“MCSC”), attorney Liu Ping filed a copyright infringement lawsuit against TCL Company, the defendant, requesting it to delete all the infringing ringtone songs in the wireless phones of TCL brand manufactured and sold by it, issue a statement of apology in the newspapers and periodicals distributed nationwide, compensate the plaintiff for its economic losses and litigation costs of RMB 12.9358 million, and bear the litigation cost for this case. Such huge amount of claims involved in this case caused a sensation throughout the country, and is the highest amount of judicial claims for copyright.
 
During the course of court trial, strong arguments were made by the attorneys-at-law of both parties. Finally, a conciliation agreement was reached by the two parties to this case under the mediation of the court. The defendant agreed to stop the purposeful infringing act and pay the huge amount of copyright compensation to the plaintiff.