Tencent sued Netease Tencent sued Netease because of Jay Chou?
Original title: compensate 850000! Because of Jay Chou, Netease cloud music was sued by Tencent music!
Tencent raised concerns about Jay Chou's music infringement v. Netease! Data show that Jay Chou's copyright fees soared, and the licensing fee soared from 8.7 million to 18.1841 million in three years.
According to the 21st Century Business Herald, in November, China referee network published the civil judgment of first instance on the ownership dispute between Tencent Music Entertainment Technology (Shenzhen) Co., Ltd. and Hangzhou Netease cloud Music Technology Co., Ltd. and Hangzhou Ledu Technology Co., Ltd. the core of the case is Jay Chou's music copyright.
The plaintiff is:
Tencent Music Entertainment Technology (Shenzhen) Co., Ltd
The defendant is:
The defendants are Hangzhou Netease cloud Music Technology Co., Ltd., Hangzhou Ledu Technology Co., Ltd. and Guangzhou Netease computer system Co., Ltd
Finally, the people's Court of Shenzhen Qianhai cooperation zone of Guangdong Province ruled that the defendant should compensate the plaintiff for the economic losses and the reasonable expenses for stopping the infringement within five days from the effective date of this judgment, totaling 850000 yuan. At the same time, other claims of the plaintiff shall be rejected. The case acceptance fee is 46720 yuan, which shall be borne by the three defendants.
Tencent's other requests include ordering the defendant Netease cloud company and Ledu company to make a statement on the home page of the official Netease cloud music website developed and operated by them and the major clients of the website, publicly apologize to the plaintiff and eliminate the impact for a period of no less than 30 days.
It is worth mentioning that the data disclosed by Netease cloud music shows that Jay Chou's copyright fees have soared. Music reading company, the actual operator of Netease cloud music, argued in court & DARR& darr;& darr;
"The songs involved belong to Javier's music library. According to the attachment of the early warning letter sent by the plaintiff, there are about 808 songs in the whole music library,
During the first authorization period, i.e. from April 1, 2015 to March 31, 2016, the authorization fee is RMB 8.7 million,
The second authorization period is from April 1, 2016 to March 31, 2017, and the authorization fee is 8642922.37 yuan,
The third authorization period is from April 1, 2017 to March 31, 2018, and the authorization fee is 18184140 yuan. "
Tencent music said in court:
On March 31, 2018, Tencent music's authorization period for Netease cloud music expired. On the same day, Tencent music sent a written notice to Netease cloud music in the form of e-mail, requiring the defendant to immediately offline relevant songs in accordance with the agreement of both parties.
"However, knowing that the relevant authorization had expired, the defendant forged a fake digital album of Jay Chou's popular songs collection containing 200 songs and provided it to its users in the form of paid sales through its developed and operated Netease cloud music website, Netease cloud music PC client and other clients.
Users can play and download online after paying the corresponding fees.
What's more, during this process, the defendant repeatedly pushed the whole network to users through its official microblog and Netease cloud music secretary. It is strongly recommended that users buy it at the price of 400 yuan / piece, realize lifelong free listening, openly commit infringement, and attempt to seize the user market and obtain illegal income through the above infringement. " Tencent music stressed.
Netease cloud music responded:
"As the cooperation between the two sides has been harmonious on the whole over the past few years, based on the operating practices of the two sides in renewing the contract in previous years, and the two sides have succeeded in renewing the contract for other songs at almost the same time, the defendant has reasonable reasons to believe that the two sides can still reach a renewal for the songs involved, and the difference may only lie in the extent of the plaintiff's price increase.
The plaintiff suddenly notified the defendant by email at 17:24 p.m. on March 31, 2018 that the songs involved in the case should be taken off the shelves immediately, which completely exceeded the defendant's expectation. Moreover, the day was a Saturday rest day, most of the staff were not on duty, only a few hours before the expiration of the time limit, and the manpower and time to deal with relevant matters were seriously insufficient, resulting in the occurrence of the acts involved in this case.
In conclusion, the defendant has no subjective intention of infringement. According to the cooperation practices of both parties and various facts, the defendant has reasonable reasons to believe that he can obtain the authorization of the song involved in the case, and the act involved in the case should not be regarded as an infringement. "
The second quarterly report shows that the revenue of Tencent's music copyright distribution business has declined, but the sales of digital albums are still strong. In the second quarter, Tencent music achieved a revenue of 5.898 billion yuan, a year-on-year increase of 31%. It is worth mentioning that in September, Tencent music exclusively released Jay Chou's latest digital single "say no cry", with sales exceeding 10 million copies. The popularity of digital singles is expected to further drive the growth of subscription members by means of cross selling.
In addition, the Jay Chou Music Copyright held by Tencent music will expire on March 31, 2020.