A company in Beijing that enjoys the right of film information network to propagate rights

Absrtact: The TV series "blessing and Well-Being" through the "audio and video New World" network platform broadcast, enjoy the film information network transmission right of a company to Kunming rights, will be involved in the Fengning network home to court in order to compensate. Yesterday 9:30 A.M., the case was in Quincy.

The TV series "blessing and Well-Being" through the "audio and video New World" network platform broadcast, enjoy the film information network transmission right of a company to Kunming rights, will be involved in the Fengning network home to court in order to compensate. Yesterday 9:30 A.M., the case in Kunming in the first trial and sentencing, the court dismissed the Beijing company's request. Since then, the case is also in Yunnan in recent years, the Internet café for the film is suspected of infringement cases, the first trial to defend the rights of the lawsuit against the party.

Shino painting

Beijing Network still Culture Communication Co., Ltd., claiming to enjoy the TV series "Blessing and Well-Being" in mainland China's information network transmission rights. The company survey found that Kunming "fengning network Home" Internet cafes unauthorized, unauthorized in its business cafes broadcast to the public. The Company believes that the behavior of Internet cafes has violated the relevant provisions of the copyright law of China, alleged infringement of the plaintiff information network transmission rights, to the company caused huge economic losses, thus to the court to sue for 20,000 yuan compensation, and immediately stop the film broadcast, bear due to the appeal of Notarization fee, lawyer agency fees and other related expenses 5000 yuan.

Yesterday at the trial, as the defendant of the Internet Café party that they play in the business of "lucky and healthy" is based on a network of Shanghai technology company authorized, and has and Shanghai company and a Yunnan technology company signed the "New World" customer order agreement. and "New World" is a specially developed for the Internet café playback system, Shanghai, the company licensed Internet cafes use the playback system, and paid to use the Shanghai company through the system to provide authorized film and television program works. Internet cafes play "Lucky and healthy" is based on the Shanghai company to the "AV New World" system, not unauthorized authorization.

In addition, the Internet café said that in their agreement with the Shanghai company to use the new audio and video world, the Shanghai company promised to enjoy the copyright of the authorized works, using the "AV New World" products Internet cafes do not assume any legal liability. Therefore, the Internet cafes that they are not suspected of infringement, should not be compensated. Furthermore, there is no right to review whether all films in the AV New World play system have been copyrighted.

Beijing, the company, said the defendant did not show any evidence that Shanghai or Yunnan, the company made the film in the Internet transmission rights. In 2009, the Beijing company to the Internet cafes involved in the infringement of the evidence to protect the infringement is in the Internet café occurred, the infringement of the objective existence, the defendant to the third party to buy an internet café did not enjoy the "blessing and Well-Being" film copyright network Platform Software. Beijing company also believes that the accused of Internet cafes is the injured party, but does not mean that the case is not the tort party, it is believed that the Internet Café party to the third party involved in recourse to compensation.

After the trial, the court sentenced: the defendant has no right to the film "New World" to verify the copyright and delete the film, the defendant Internet cafes subjective no fault, should not assume liability. Accordingly, the court decision dismissed the plaintiff's claim, and the 425 yuan lawsuit fee was borne by the plaintiff.