Original title: 1 minute also infringes Betta sister 'playing other people's music was sentenced to compensation
Feng Timo was sentenced to pay for playing other people's music. He quickly drew a line
4hw.com.cn: Feng Timo, known by netizens as "sister Betta", played a clip of the song "lover's heart" in a live interaction. Subsequently, the China Music Copyright Association (hereinafter referred to as the "Music Copyright Association") sued the douyu company to the Beijing Internet Court on the ground that Wuhan douyu Network Technology Co., Ltd. (hereinafter referred to as the "douyu company") infringed on its information network communication right to CI and Qu, asking it to compensate for the Copyright Royalties of the songs involved, totaling more than 40000 yuan.
Dueling fish company of the first instance of Beijing Internet court compensated China Music Copyright Association for economic losses of 2000 yuan and reasonable expenses incurred due to litigation of 3200 yuan. The reporter of Beijing Youth Daily learned on August 8 that recently, the first instance judgment of the case has come into force.
Music Writing Association: Feng Timo plays other people's songs in the live broadcast
On February 14, 2018, network anchor Feng Timo conducted an online live broadcast on the fish fighting live broadcast platform operated by the fish fighting company, during which the song "lover's heart" was played for about 1 minute and 10 seconds (all the songs were 3 minutes and 28 seconds). After the live broadcast, the live video is produced and saved on the betta live broadcast platform. The audience can play, watch and share it anytime and anywhere by logging in to the betta live broadcast platform.
The Association believes that Zhang Chao, the songwriter of the song "lover's heart", has signed a music copyright contract with the association. The douyu company infringed its information network communication right to the song, and sued the douyu company to compensate for the copyright royalties and reasonable expenses of the songs involved, totaling more than 40000 yuan.
Betta: the video is produced by the anchor and saved on the platform without fault
The betta company believes that the videos involved are produced, uploaded and automatically saved on the platform by the anchor. In this process, the betta company only provides neutral technology and information storage services, which does not constitute joint infringement, help infringement and separate infringement. The betta company did not have any fault in the online dissemination of the video works involved. It conducted reasonable review in advance and took corresponding measures afterwards.
The betta company also said that it did not benefit from the online dissemination of the video works involved. Some viewers watching the live broadcast rewarded the anchor with gifts entirely out of their personal love and support for the anchor, rather than the songs involved. In addition, douyu company also believes that the music copyright royalty standard advocated by the association is too high, and the infringement involved is minor, which has not caused significant losses or other adverse effects to the association.
In addition, after receiving the notarial certificate of relevant cases, the betta company deleted the live video file of anchor Feng Timo's "2018-02-14 21:00" including playing the song "lover's heart" on the betta live broadcast platform on July 9, 2018.
Court: the 'deletion' of Betta's participation in reward distribution cannot be exempted
The Beijing Internet court held that platform users can select the anchor room number for reward during live broadcast, online on-demand video viewing and no video viewing, and the reward income shall be distributed proportionally between the betta company and the anchor. Therefore, Betta company is the obligee of these achievements, enjoys relevant rights and interests, and naturally shall bear corresponding responsibilities for the legal consequences arising from the achievements.
In this case, Betta company is not the usual network service provider, but the owner and provider of audio and video products on the platform, and enjoys the benefits brought by these achievements. Therefore, it can not be exempted from liability for deleting the video involved after learning that there are infringing contents. Betta shall have a higher duty of care and audit for the legitimacy of live broadcast results, Instead of abandoning the audit and supervision due to the large number of registered users of live broadcasting and the difficulty of supervising live broadcasting, allowing the occurrence of infringement, and not assuming the obligation matching its rights.
The association of music writers provided the pictures when "lover's heart" was played in the videos involved in the case, which showed that the songwriter of "lover's heart" was Zhang Chao, and the music copyright contract signed with Zhang Chao was still valid. The betta company has not provided evidence to the contrary, so the music association has the right to file a lawsuit against the infringing user in its own name.
On December 27, 2018, the Beijing Internet court made a judgment of first instance, in which Wuhan douyu Network Technology Co., Ltd. compensated China Music Copyright Association for economic losses of 2000 yuan and reasonable expenses of 3200 yuan, and rejected other litigation claims of China Music Copyright Association. Betta company refused to accept the judgment of first instance and appealed to Beijing Intellectual Property Court. In July 2019, the final judgment of Beijing Intellectual Property Court rejected the appeal and upheld the original judgment.