The First Case Involving Karaoke Bars' Infringement on the Right of Showing of MTV Works
Attorney: Ping LIU
Synopsis:
The cases involving karaoke bars' infringement on MTV works had been collectively selected to be one of the Top 10 Cases of China for 2004. And Go East Entertainment Co. Ltd. v. Beijing Chunyin Entertainment Co. Ltd. was the prelude to these serious cases pending between the year 2003 and 2004. The favor judgment for MV works copyright holders set a sound legal basis for future enforcement of the right of showing in MV works. In fact, this case reflected the first judicial enforcement of the right of showing written in Copyright Law of the P.R.C. Copyright Act of the P.R.C. (2001) Art. 10 (10) Besides, the rules governing the determination of the amount damages have been followed by subsequent cases. And these rules also facilitate the establishment of the karaoke bar copyright loyalty collection system.
In June 2003, Go East Entertainment Co. Ltd. (hereafter Go East) filed a lawsuit against Beijing Chunyin Entertainment Co. Ltd. (hereafter Chunyin), alleging that Chunyin infringed its right of showing on the MV works by using Kelly Chan, a Hongkong singer's three songs, i.e. Dui Ni Tai Zai Hu (I Care You Too Much), Guang Nian (Light Year) and Hui Qing (Back to Love), whose copyrights were owned by Go East, without permission. Go East sought for a judgment that would require the cessation of infringement, extension of apology and a damage to cover its revenue loss.
Beijing No. 1 Intermediate People's Court held that MTV works fell within the category of cinematographic works and works created by virtue of an analogous method of film production and should be protected by the copyright law. Copyright Law of the P.R.C. (2001) Art. 3 (6) The producer of the MTV works was the author of the works. Therefore, showing the works without the permission of the author constituted an infringement of the copyrighted works.
The Court ruled that:
I. Defendant Beijing Chunyin Entertainment Co. Ltd. ceases to infringe plaintiff Go East Entertainment Co. Ltd's copyright immediately after this judgment comes into effect.
II. Defendant Beijing Chunyin Entertainment Co. Ltd. shall extend a written apology to plaintiff Go East Entertainment Co. Ltd. (The content of the written apology shall be reviewed by the Court) no later than 30 days after this judgment comes into effect. If defendant does not do so properly, the Court will publish the main content of this judgment, and all the cost shall be borne by defendant Beijing Chunyin Entertainment Co. Ltd.
III. Defendant Beijing Chunyin Entertainment Co. Ltd. shall pay plaintiff Go East Entertainment Co. Ltd a damage of 30'000 yuan for its revenue loss and a damage of 26'376 yuan for the reasonable fee of the litigation. The total amount of the said damages is 56'376 yuan.
The court cost shall be borne by defendant Beijing Chunyin Entertainment Co. Ltd. |
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The First Case Involving Karaoke Bars' Infringement on the Right of Showing of MTV Works