With " phonic collect assist requirement KTV deletes many 6000 song " for the fuse, the litigant dispute of KTV industry grows in intensity. Nowadays, the spearhead that musical copyright chaos resembles points to phonic collect again assist era collects fees orgnaization day joins a group.
Recently, south the reporter receives many personage of Guangdong inside course of study to explode makings say, come nearly 10 years, every one home new store wants KTV chief hands in 30 thousand yuan related Xiang Tiange group - 50 thousand yuan those who differ " practice red bag " , cannot sign otherwise " copyright allows a contract " . Signed in a when circulate on the net recently for phonic collect assist the in-house letter of Zhou Yaping of acting total a secretary in charge of sth, point out the day adds up to a group to collect fees in era likewise the existence in the process not the chaos such as quarter official seal resembles cost of copyright of invoice, embezzle, illicit, say " the day adds up to a group more than one year not to give phonic market assist cost of settle accounts copyright, make phonic collect assist cannot allocate to the member " . Accept south many inside course of study personage that the reporter interviews expresses, the relevant section such as appeal culture branch appears personally management, in order to ensure the legitimate rights and interests of operator of obligee, KTV and consumer.
A
2018 " copyright is expended " already handed in a day to join a group
The tort that still faces record company or copyright person is sued
On November 26, a Mr He Xiang Na that pursues KTV trade more than 20 years in Guangdong the reporter explodes makings say, its closed market of group Xiang Yin through the day 2018 assist hand in neat of near 600 thousand " copyright is expended " , still face consecutive tort suit however, be as high as 2 million yuan by amount of claim for compensation.
"All the time since the day closes company Dai Yin market assist receive copyright to expend to KTV, the regulation of Fosan is: Closed January first half of the year the charge of 1-6 month; The fee that collected month of 7-12 of second half of the year July " , mr He says, its are in Guangdong provincial 12 KTV interlink inn, add up to between nearly 1000 bags. Disclose according to Mr He, the day closes to just be wrapped by every a day 5 yuan of plan cost, specific carry out from time to tome certain discount, collect fees actually for " one year a KTV pays fee of 50 thousand yuan of or so copyright, 12 chain K T V hands in near 600 thousand yuan of copyright every year to expend " .
Disclose according to Mr He, many record companies also are encountered to sue before this, all add up to group processing by the day, "45 years ago, record company has sued us, the day joins a gang we are hit won lawsuit. But begin to won't do now, accurate for, began before two years to won't do, our lawsuit begins to lose a lawsuit. Our lawsuit begins to lose a lawsuit..
Although 2018 " copyright is expended " exactly the amount gave the day joins a group, but Mr He expresses, its 12 KTV all face 4 record company at present or the tort of copyright person is sued, if lose a lawsuit, add up to the compensatory money that needs to pay 2 million yuan. "Received newest report on November 29, come from company of record of all alone grand sue, a KTV should compensate for 47000 yuan, 12 my inn should make money " , mr He says, at present in An Wenbo also sent a lawyer to believe.
Notable is, a KTV merchant that comes from Lanzhou recently Xiang Na the reporter explodes makings say, end this year November, phonic collect assist Zhou Yaping of acting total a secretary in charge of sth accuses bird person art popularizes finite liability company (company of person of bird of the following abbreviation) still initiate massive tort suit to K T V in Lanzhou, include among them already Xiang Yin collect assist the KTV that has paid copyright fee, "Bird person company has sued a batch of KTV first half of the year, arrived October between November bird person company initiated the 2nd batch to sue, the K T V that includes us inside. " the data that provides according to afore-mentioned KTV merchant shows, the indemnity that bird person company sues a KTV is close 60 thousand yuan, end still initiating new suit to KTV on October 25. Before a week, zhou Yaping ever stated the lawsuit that mentions with name of bird person company already made stop June this year, "After I entered the leader layer of association this year in June, for evasive and state-private relevant interest, the lawsuit that bird person company raises with him name had made stop, the law case that still handling now is already was started before this and be in proceeding have not finished case. The law case that still handling now is already was started before this and be in proceeding have not finished case..
B
Much home KTV goes from industry exposing to the sun regular:
Practice should hand in 30 thousand yuan " cash red bag "
Merchant of another K T V that comes from Fosan Mr Li is same Xiang Na the reporter expresses, two K T V of its operation, every should add up to a group one year to hand in to the day 40 thousand - 50 thousand yuan copyright cost, "The day adds up to what the group represents is phonic collect assist, we believe with phonic collect assist subscription copyright allows a contract, can use music library legally. Can use music library legally..
Notable is, south the reporter is in understanding to arrive from the merchant of much home K T V of Fosan area, be in Fosan city and Zhongshan city, every one home K T V should queue up to hand in " practice red bag " .
"Collect the gentleman is the chief that the day joins a group to be in Fosan city and Zhongshan city, be in charge of collection copyright cost, we here K T V opens business to want to queue up to wrap 30 thousand yuan to him - 3.5 10 thousand yuan cash red bag, receive ready money only, not invoice " , mr Li says, "If do not give red package, he will be protracted do not sign copyright to allow a contract to you, we encounter litigant dispute also nobody helps solve. " disclose according to Mr Li, given cash red package is more, controller of this collect surname can reduce K T V to include the statistical measure between when handing in material, "Reduce statistic to wrap the amount between to be meant in phonic collect assist in the contract can pay partial copyright fee less. "Reduce statistic to wrap the amount between to be meant in phonic collect assist in the contract can pay partial copyright fee less..
To this, south the reporter is called afore-mentioned collect gentleman, its express to had added up to a group to leave one's post from the day at present, right " practice red bag " not know the inside story. South the reporter dials a day to join bloc government telephone call unmanned all the time receive listen.
C
The net sends phonic market assist Zhou Yaping of acting total a secretary in charge of sth sends in-house letter:
Does exposure day add up to a group to withhold copyright fee?
Recently, one when circulate on the net signs for phonic collect assist the in-house letter that Zhou Yaping of acting total a secretary in charge of sth publishs, point to spearhead the day to join a group likewise. About the provenance of this letter, did not obtain him Zhou Yaping to confirm at present. Xiang Na of personage of many know the inside story the reporter divulges this letter is in phonic collect assist in-house pass round for perusal.
The interior of this Zhou Yaping that the net passes is believed, the problem of main report is, the copyright that the day adds up to collects fees personnel receives copyright to expend not invoice receives ready money only, to card the place that pull OK has, take, card, should, inn-keeper is opposite normally this dare anger not dare character. In addition, day zygote company asks card pulls O K place to expend copyright cent be a certain number of portions, except main body is managed to sign service contract with tripartite separately outside signing copyright to permit an agreement, refer the one part in the total amount of collection copyright of phonic market efforts to expend only, the other company collection that the others money all is joined to appoint by the day; Company of a few days of zygote cuts phonic market about personnel illicit assist official seal is engaged in violating an activity to wait.
According to the Zhou Yaping that circulates on the net in-house letter middle finger goes out, cause phonic volume assist final intolerable is, the day adds up to a group to detain copyright cost for a long time not to give phonic market assist settle accounts, make phonic collect assist cannot give member allocation. "Phonic collect is handed in onlily in copyright cost assist the Zhang number that amount existence day joins group and its subsidiary, phonic collect assist although be opposite,date of be in debt participates in condominium, but cannot transfer, the day adds up to a group to detain copyright cost for a long time not to give phonic market assist settle accounts " , the net passes in-house letter to say, its reason is demand news collect assist award a day solely in order to sign to add up to group collection MiniKTV (K song cubby) copyright cost and the agreement that entrust a day solely to add up to library of the music that make are settle accounts premise, do not grant otherwise settle accounts. In addition, what both sides is entrusting the agreement in receiving cost contract is unified by phonic collect assist sign cost of permissive contract, copyright to unite with the person that use assemble past sound part assist gathering Zhang date, and by phonic collect assist unite those who open bill " 3 unified " also fail to come true up to now.
The Xiang Na of merchant of much home KTV that occupies Guangdong the bill information that the reporter provides all shows, gathering just adds up to culture to expand limited company for Guangzhou day (the subsidiary that the day combines a group to be in Guangzhou) . "Because the day adds up to a group to pull OK copyright to collect fees in card,go up a variety of behavior, all with phonic collect assist entrust the renown exercise that stops cost unit solely, all and negative issue by phonic collect assist for its to be made a scapegoat " . It is reported, on July 24, 2018, phonic collect assist sue a day to combine culture group and partial subsidiary, the requirement removes both sides includes " service agreement " inside many cooperation agreement, the day adds up to a group to put forward countercharge on October 22, at present this case still is in cognizance.
D
Who comes collection copyright cost? Next year risk of the biggest copyright comes from a day to join a group
Phonic collect assist add up to the lawsuit between culture group to still cannot know finally as a result with the day, the industry of K T V below cross-eye, will build original music by who who is library, qualified collection copyright cost, the issue closes the possibility the life and death of this industry.
"The day closes now with phonic collect assist busy move engages in a lawsuit, relevant section has not intervened rectify, in this confused period, the crisis with the biggest K T V is the lawyer letter that should face numerous record company to send alone. " Mr Li expresses, understand according to them, do not have at present with phonic collect assist the record company that come to an agreement has Home 40-50, this is an iceberg only one horn.
"5 areas have Fosan place of many 1200 KTV, it is company of record of Home Suo Longyi only, lawsuit of a year compensates for many 1200 K T V to be as high as 60 million yuan possibly, " Mr He Xiang Na the reporter discloses, nowadays, the bird of course of another record company also initiates lawsuit in Zhongshan city, chase after denounce copyright to expend, "We had gotten the telephone call of the bird lawyer of dish, let us give out a program that pays copyright fee, if do not go up,the court engages in a lawsuit, compensatory expenses still can be hit 7 fold. Compensatory expenses still can be hit 7 fold..
In addition, the lawyer inside course of study reminds, next year January 1 is phonic collect assist when signing a contract afresh with KTV, the day adds up to the copyright that there still is thousands of song on group hand, if do not have relevant policy to come out, be opposite next year KTV operator, the biggest copyright risk will be the day joins a group.
"We face the greatest difficulty at present is to know which song does not have copyright far from, " Mr Li discloses. Mai Jianfei of solicitor of office of Guangdong Jin Yuan's attorney expresses: "KTV and phonic collect assist subscription contract has inappropriate place, I had seen KTV and phonic market assist the contract of the autograph, an any contracts did not indicate clearly name of specific spendable song, amount and scope of application, square to be being permitted and character, what song is met tort, very ambiguous, although be permitted,Fang Youyi Wu examines what song, but often be examined very hard, often can produce wrong leakage among them. Often can produce wrong leakage among them..
Disclose according to Mr Li, "Hear besides many 6000 song that wears below November, fell even December wear many 2000, the business is more bad to do. The business is more bad to do..
"Current, besides phonic collect assist join a group with the day, ceaselessly the enterprise jumps out to collect copyright fee, after all who is just lawful collect fees main body? " to this, xiang Na of operator of much home KTV reporter appeal, the government sector intervenes related the hope, "By copyright bureau or culture branch take the lead, the branch that we believe to have governmental background only now comes collection copyright cost. " " the development as the industry, everybody had copyright consciousness now. We hope to have only reasonable, transparent rate, after handing in copyright to expend, won't be sued with the name of pilfer edition tort by other obligee again. Won't be sued with the name of pilfer edition tort by other obligee again..
Interview and write: South Chen Peijun of reporter Ma Ningning's trainee
