Copyright Infringement by Xidan Shopping Center Background Music

Recently, Beijing Xicheng District People's Court heard a suspected infringement case where the Music Copyright Society of China (MCSC) sued Xidan Shopping Center of the Beijing Capital Retailing Group Co., Ltd. (hereinafter referred to as Xidan Shopping Center) for publicly broadcasting the background music I PLAY MUSIC in its business premises. The court ruled that Xidan Shopping Center’s public broadcasting of the background music I PLAY MUSIC in its business operation without the permission of the copyright owner constitutes infringement. The defendant shall compensate economic loss of 5,000 Yuan and a reasonable expenditure of 5,000 Yuan.

At the scene of the trial, the plaintiff said that the composer and author of I PLAY MUSIC Rosie Thomas was a member of the American Society of Composers, Authors and Publishers (ASCAP), an American organization that protects musical copyrights of its members. According to the Reciprocal Representation Agreement between the plaintiff and ASCAP, the plaintiff has the right to file a lawsuit against the infringer in its own name.

Xidan Shopping Center argued that it has fulfilled its duty of care regarding the copyright of the musical work involved. Xidan Shopping Center signed a contract with Beijing Tian Yin Online Entertainment Technology Co., Ltd. (hereinafter referred to as Tian Yin company). Tian Yin company is responsible for providing background music broadcasting service for Xidan Shopping Center, and promises to ensure that all musical works provided by it are legally authorized. All copyright disputes are the responsibility of Tian Yin company.

After hearing the case, Beijing Xicheng District People's Court determined that in the evidence submitted by the defendant Xidan Shopping Center, the authorization statement was only a one-way explanation of Boman (Beijing) Cultural Development Co., Ltd. (later referred to as Boman company), who authorized the musical copyright to Tian Yin company, and Boman Company did not prove it was legally authorized to obtain the copyright of I PLAY MUSIC, so the court refused to accept the evidence. The act of the defendant Xidan Shopping Center playing the background music I PLAY MUSIC is not legitimate. Thus, the court made the above judgment.

August 8, 2019

Source: China Intellectual Property Right Net

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