Say network film do sth without authorization uses his musical work, 1986 edition " on the west travel notes " total compose Xu Jingqing will manufacture to just tell a court with transmission platform, ask two the accused suspend tort action, make an apology and compensate for pecuniary loss and reasonable expenditure more than yuan 60. On April 22 afternoon, haidian court made public open a court session to hear this case.
Accuser Xu Jingqing appeals to say, as 1986 edition " on the west travel notes " in musical work " Yun Gongxun sound " (renown " on the west travel notes is prelusive " or " on the west travel notes sinfonia " ) , " daughter affection " music writer, enjoy copyright lawfully. Cornfield of Beijing of two the accused reflects limited company of picture culture medium and tube-shaped part of computer science department of Shenzhen city Tecent limited company, manufacture jointly in its without permitting do sth without authorization " Sun Wu is empty fox of 7 dozens of 9 end " used in network film prevue " Yun Gongxun sound " music work, in " the daughter country that swims on the west piece " used in network film " daughter affection " music work, and not was accuser sign. And the network prevue of relevant film, positive is on Tecent video travel extensively, enroach on accuser enjoys some signing authority and authority of transmission of website sth resembling a net.
Argue of company of the accused cornfield says, the relevant right of first two work should belong to experience case teleplay " on the west travel notes " manufacture square, xu Jingqing did not refer evidence to prove its enjoy the authority of work of experience case music to belong to; Because experience case work is in the network,all can download normally, do not have copyright to label, cornfield company is not witting and relevant copyright person, reason did not grant to sign, derelict view is intended, should not make an apology; Say two networks film gets offline already, the compensatory amount that Xu Jingqing holds is exorbitant.
Argue of company of the accused Tecent says, with experience case the matters concerned related copyright of two networks film all is in charge of by cornfield company, because its do not participate in film to make, the information network that bought experience case movie only transmits power, cannot witting sign circumstance, derelict view tort is intended, need not make an apology; Broadcast in the network only because of two film at the same time and already got offline, experience case work is used as film background music only, tort rate is low, the compensatory amount that Xu Jingqing holds is exorbitant.
In front courtyard careful, in collegiate bench chair below, the case that advocates with respect to accuser experience case prevue, film uses its music work undertook on the court survey produce the expected result. In the meantime, the behavior of the consistency of work of music of position of the music work that whether former defendant enjoys the copyright of first two work, 2 the accused to use around Xu Jingqing and prosecutor, 2 the accused whether tort and the relation between 2 the accused and responsibility are assumed waited for focal problem to spread out quote qualitative card and, bilateral and sufficient watch delivered opinion of one's own side.
Boreal blueness signs up for a reporter to understand, xu Jingqing fastens a country one class composer, CCTV 86 edition " on the west travel notes " total compose. 1983-1987 year, he holds the position of CCTV 86 edition " on the west travel notes " total compose, be engaged in a TV series " on the west travel notes " musical creative work, among them " on the west travel notes sinfonia " (alias " Yun Gongxun sound " ) , " daughter affection " , " go on a pilgrimage for Buddhist scriptures returns " and " dare ask the way is in He Fang " wait for music is Xu Jingqing to become famous make, also be to pass sing do not cease make classically.
Because accuser makes different intention of lens Qing Dynasty and company of the accused Tecent mediate, this case was not adjudged on the court.
Civil / Hong Jiajun of Zhu Jianyong of reporter of Beijing youth newspaper's reporter
