The representative such as flower emperor just sends statement " object " , the phonic collect in

" Chinese economy weekly " report of Beijing of Piao of reporter Yin Xin

(article print is sent at " Chinese economy weekly " 2018 the 47th period)

"We get phonic market assist the announcement falls wore. Money-locker cannot be sung now " 10 years " and " died to want to love " . " on November 9, a controller of Beijing money-locker KTV tells " Chinese economy weekly " reporter, chinese sound runs association like copyright collective (next weighing " phonic collect assist " ) first more than 6000 eye that requirement KTV deletes already was deleted in money-locker KTV.

In October the last ten-day of a month, phonic collect assist issue an announcement, requirement card pulls OK terminal manufacturing business and to Chinese sound collect assist the card that capture expends pulls OK operator to be before October 31 the musical TV work that announcement the place in accessory lists is deleted. There is no lack of in eye of more than 6000 music pass call degree of extremely expensive work, like old Yi Xun " 10 years " " the king of K song " , letter philharmonic society " died to want to love " , Zhang Huimei " listen to the sea " etc. In these music purpose obligee, outside dividing flower emperor recreation, owner of copyright of purpose of the others music is not famous music company.

On November 5, phonic collect assist statement explanation is released to say on its official net, the member that the obligee of work of TV of more than 6000 music that the requirement deletes before is not phonic market society, according to law sets, phonic collect assist channel of the line on announcement KTV place and KTV music library (VOD business) the behavior that gives be being deleted entirely is to depend on collective of copyright of thing of deal with according to law, exercise strictly to manage obligation.

After be being worn below, does KTV buy whereto these music purpose copyright? "It how should future do me is not quite clear how should future do me, the most important now thing falls namely frame. " afore-mentioned money-locker KTV controller tell " Chinese economy weekly " reporter.

Phonic collect assist after requirement member unit deletes relevant music to look, include limited company of representative of Le Yang intellectual property of Beijing of unit of representative of copyright of flower emperor recreation (next weighing " Beijing Le Yang " ) inside unit of representative of 3 intellectual property issues statement, weigh phonic market assist the song that has no right to ask anybody deletes these 3 units to act as agent, "KTV is market management main body, is not phonic collect assist auxiliary unit, phonic collect assist the normal management behavior that has no right to interfere market main body. Phonic collect assist the normal management behavior that has no right to interfere market main body..

Phonic collect assist Zhou Yaping of acting total a secretary in charge of sth is accepted " Chinese economy weekly " when the reporter is interviewed, say, phonic collect assist it is at present churchyard is opposite exclusively the lawful collective of copyright of phonic resembling work runs an organization, because sound is too dispersive like the copyright obligee of work, KTV practice must acquire huge music library, phonic collect assist existence makes its need not search every obligee respectively, obtain collective authorization through association can.

Zhou Yaping says, as a result of before the person all rights reserved that narrates song is absent phonic market society member the unit, phonic collect assist song of cutout of ability announcement KTV. But, phonic collect assist be not the consortium that joins compulsively, join of one's own accord however. Zhou Yaping says: "Our country " copyright law " not was opposite at present ' outspread management ' regulation, ' outspread managing ' it is to show even if obligee did not join this consortium but this association is unaltered the right that pair of its copyright undertake acting, divide money to go to him to moment. As a result of ' outspread managing ' nonexistent, blame member unit cannot automatically ' be acted as agent ' . Blame member unit cannot automatically ' be acted as agent ' ..

In the light of the last ten-day of a month was mixed in October in November two statement of the first ten days of a month, zhou Yaping explanation says, the essence of the announcement is to inform, be not compulsive requirement, and not Xiang Yin collect assist inside the limits that the KTV that capture expends does not inform in this. "Phonic collect assist what clew deletes is tort work only, if 3 companies hope KTV uses their work, can send statement completely, and need not collect of kink Yu Yin assist announcement. And need not collect of kink Yu Yin assist announcement..

In addition, zhou Yaping emphasizes, not the KTV that capture expends is not informing limits, do not do not have tort behavior on behalf of them, the tort conduct of these KTV is more serious instead. "If the KTV that expends to association capture continues to use order of many 6000 music, it is the interest that violated obligee of more than 6000 work, and not the KTV that capture expends is eye of almost all music tort. And not the KTV that capture expends is eye of almost all music tort..

According to " Chinese economy weekly " reporter understanding, at present still a large number of KTV do not have Xiang Yin collect assist pay cost, but famous KTV brand is current in city of a gleam of already moved toward an authorised edition to change, the money-locker of Beijing area, Mailedi and sing the KTV brand such as Mai Song all is in Xiang Yin collect assist in pay cost cavalcade.

Since 2013, KTV tort is sentenced to compensate for common occurance, but sentence punished amount and compensatory standard to differ very big, did not consolidate measure.

With phonic collect assist oneself is as two lawsuit of accuser exemple, its the case of more than 820 series that district of hillock of Shenzhen city dragon 23 KTV tell a court, obtain compensate more than yuan 80; 2014, the day adds up to culture to get phonic market assist entrust, sue Liaoning Benxi refus to hand in copyright to use many 30 KTV of cost, final with every song 200 yuan standard obtains compensate in all 800 thousand yuan.

Still him obligee prosecutes the case of tort KTV directly: Because some KTV is broadcasted publicly,beautiful of Taiwan singer leaf was repaired 2017 " the monologize of tramp " " the Peng Hu bay of grandmother " wait for work of 38 music TV, appeal to its to court of district of Guangzhou city white cloud, be sentenced finally to obtain 19 thousand yuan, average every first eye obtains compensate 500 yuan.

This kind of case differs even in different area, different court the free amount that there is height in the judge's court decision reduces advantageous position, this means market of sound of obligee steer clear of assist sue KTV hopeful to win more compensation directly.

Zhao Hu of attorney office partner is heard to tell in Beijing " Chinese economy weekly " reporter, of case of similar intellectual property sentence punish a standard differ really, but it is somewhat of the basis. "Judicial standard has two, the first it is the loss with obligee will measure, the 2nd it is the gains with earning of enroach on person will measure. Differ in view of welcome degree of the singer, dot of every first purpose sings a frequency to differ, the number that the bag room of different KTV uses is different also, loss and accrual nature are in every have different computational method in each case. Loss and accrual nature are in every have different computational method in each case..

Zhao Hu says, according to specific issue the principle of concrete analysis, KTV tort legal precedent " multifarious " instead is normal phenomenon, "Sentence compensate according to same standard ability is abnormal. "Sentence compensate according to same standard ability is abnormal..

Protect recognizant buildup as domestic copyright, more and more KTV and choose of right person selected and phonic collect assist cooperate. So, phonic collect assist can receive fee of how many copyright every year, how many fund can member unit distribute again? According to Zhou Yaping's view, 2017 phonic collect assist the copyright fee that collects exceeds 200 million yuan, phonic collect assist close to culture is organized as collective management and be entrusted with the day receive cost organization, smoke in all approach the administration fee of 30% , still have 170 million yuan criterion apportion gave each member the unit. Zhou Yaping calm bear, obtained cent not to pass into most member 2017 " 889 yuan " .

The personage inside course of study thinks, once the compensatory prep above of earning from phonic collect assist shared copyright uses fee, obligee joins phonic market assist motivation can be reduced greatly. Be like if things go on like this, phonic collect assist will be faced with member unit " collective leaves " risk. "KTV itself is to have ' original sin ' , a lot of circumstances fall to accuse to allow. Because their music library is huge, most obligee has a song impossibly only by tort, if have 100 songs tort, every song is highest and likely sentence compensate 1000 yuan, adding up is 100 thousand yuan compensation, affirmation comparing is in phonic collect assist take cent to become be to one's profit. " what Zhou Yaping says " original sin " , it is to point to long-term since the premise that KTV Lai Yisheng puts is intellectual property protective consciousness is thin, the MV work operation that relies on free to use another person is old, until at present still not complete authorised edition is changed.

"The increase with the biggest obligee is not to make KTV authorised edition is changed, hope to use its however ' original sin ' compensate for to KTV is sued and obtaining high price. Come so phonic collect assist the position is awkward, our original idea is to drive KTV industry authorised edition to change, is not to help what obligee uses KTV ' original sin ' go ' go to foul so that order a ball ' . " Zhou Yaping says.

To this sound collect assist requirement KTV deletes be related of many 6000 song, unit of representative of 3 intellectual property criticizes phonic market assist the behavior that the requirement deletes tort music to look is play truant. 3 units say, phonic collect assist through " assure instead " clause (complier is noted: KTV is in with phonic collect assist when signing consultative hind to be sued by the obligee beyond association again, can give by association the relevant provision of processing) appropriative the person that use of of course " umbrella " , the position that uses its are exclusive and lawful collective managing to organize, be suspected of abusing the market to control a position.

To " assure instead " clause and " umbrella " , zhou Yaping will its and " outspread management " connection rises, "Our original intention is ' package ' avoid legal risk. Be in not ' outspread management ' below the circumstance, phonic collect assist ' assure instead ' also be to have very big risk. Phonic collect assist ' assure instead ' also be to have very big risk..

The letter that union of market of culture of yellow riverside area is in Shanghai to send Shanghai culture recreation guild first says in article, beijing Le Yang sued some KTV in August 2018, with every song 1200 yuan standard claim for compensation, add up to RMB more than yuan 90 thousand, this union says, the term that Beijing happy raise wins authorization of flower emperor recreation ends on November 30, 2018, oppose phonic part assist the act of the announcement has " the ill will that makes the best of time to scoop up brushstroke again finally " .

On the copyright protection of musical domain, the accredit of digital music copyright and system of standard paying fee had taken advanced line. 2015, national copyright bureau is announced " the announcement that stops to transmit musical work without accredit about instructing network music to serve trader " , from now on the netizen left " free lunch " , digital music is changed from this trend authorised edition. 2017, QQ music, Baidu closes too spread out between music, Netease cloud music and dried music " copyright big fight " , below the harmony of national copyright bureau, final a few reached alternate accredit each supplies what the other needs, obtained protection intellectual property and encourage intellectual property to transmit the balance between.

Compare with network music photograph, authorised edition of purpose of music of our country KTV changes rate far insufficient. " Chinese economy weekly " the reporter understands, phonic collect assist coordinate the standard that sentence compensate in as square as each district court all the time, hope " change in order to adjudicate market of result guiding KTV moves toward an authorised edition " , actually aggrandizement phonic collect assist position and action.

Zhou Yaping is accepted " Chinese economy weekly " when the reporter is interviewed, say, "We hope similar henceforth case can undertake adjudication with whether making to association pay copyright expense is a standard. " Zhou Yaping says to the reporter, "Already Xiang Yin collect assist of pay cost, if used what the music beyond music library looks and produce tort really, need not maintain its to have subjective fault, delete relevant music eye, stop to continue tort can; If do not have Xiang Yin collect assist pay copyright uses fee, how should sentence how to sentence. The court of Beijing area already had a court decision according to this standard. The court of Beijing area already had a court decision according to this standard..

Zhao Hu's lawyer offers different view to this. "I think cannot the cognizance that the standard that whether according to expends to capture of collective government institute has subjective fault. KTV capture take time should be very clear those who obtain is accredit of what music purpose, what don't have accredit, violate the copyright of the obligee besides music library, do not cry subjective without fault, however ' dissimulate ' deceive pass a barrier. However ' dissimulate ' deceive pass a barrier..

Be worth what carry is, be in phonic collect assist allot delete while relevant Qumutong knows, another announcement still appeared on net of this association official, say as a result of collaboration Fangtian adds up to culture to be in with phonic collect assist there is action of serious violate a treaty in cooperative process, the collaboration that removes to combine culture with the day since this day concerns.

This matter and phonic collect assist requirement KTV deletes song almost coinstantaneous, have guess because the day closes,consider as culture and include flower emperor entertainment inside relationship of unit of several blame member is close, phonic collect assist combine culture with the day " part company " , bring about then lose the copyright such as flower emperor recreation square dealership.

Zhou Yaping gives to this kind of view deny, "The day combines culture is phonic collect assist precatory collects fees orgnaization, its collect fees mode is dated, and use information not quits collecting fees there is action of serious violate a treaty in the process. Phonic collect assist song of requirement KTV cutout and day add up to culture to did not concern, the obligee such as flower emperor recreation is not in our accredit limits, do not add up to that one talent of end an agreement to exit association with the day. Do not add up to that one talent of end an agreement to exit association with the day..

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