Please delete the TV drama "Struggle"

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The court sentenced the defendant network technology company to broadcast TV series "Struggle" by network television, violating the right of information network transmission obtained by the plaintiff's successful company, and sentencing the defendant to compensate the plaintiff for the economic loss of 150,000 yuan.

A few days ago, Ningbo Success Multimedia Communications Co., Ltd. sued a network Technology Co., Ltd. infringement of copyright disputes, the People's Court in Haidian district, Beijing, the defendant network technology company to broadcast TV series "Struggle", violating the plaintiff successful company by the access to Information network transmission rights, The defendant was awarded 150,000 yuan for the plaintiff's economic loss.

Plaintiff：

"Struggle" by the Web site infringement online play

Plaintiff successful company sued, June 29, 2007, 32 episodes of "struggle" of the producer Beijing Xin Bao Yuan film and Television Investment Co., Ltd. will be the Chinese mainland region's information network to disseminate the right to the exclusive award of the plaintiff company. Internet companies without permission, in its operating web site to provide "struggle" online playback, infringing the plaintiff's information network transmission rights, reproduction rights, the right to receive compensation, such as copyright. In order to safeguard their legitimate rights and interests, the plaintiff sued the court ordered the network company to stop online broadcast "struggle", and in the homepage prominent position and "legal daily" prominent position of the front page of public apology, compensation for economic losses of 300,000 yuan and legal fees, notary fees, travel expenses and other related litigation expenses costs

Defendant：

The plaintiff does not enjoy the right to broadcast network TV

The Defendant network technology company argues that successful companies only enjoy the "struggle" of the information network transmission rights, and the defendant company's website on the use of "struggle" does not violate its information network transmission rights. The defendant company's website on the "struggle" of the network television broadcast, "struggle" according to the time specified by the site in order to play, at a certain point in time, network users can only watch the play of the "struggle" of a certain episode. Network users cannot watch the contents of other sets that are not played at the time they are selected. Successful companies do not enjoy the "struggle" of the network television broadcast rights, so no right to bring this case lawsuit, do not agree with the successful company's lawsuit request.

Court：

Defendant Tort compensation 150,000 yuan

The court heard that network companies without the permission of the right to use the Internet to play the way the "struggle", so that users can be selected in their personal time and place of the "struggle" content, violated the success of the company from Xin Bao Source company to obtain the mainland exclusive information network transmission rights.

The court also considered that, as long as network users could obtain part of the work through the information network at their chosen time, the disseminator constituted the "enabling the public to obtain work at a time and place of their own choosing", as stipulated in the Copyright Act. The notarized version of the case shows that although online users are not able to get the full or any episode of the struggle at their chosen time, they can get the content of the episode that the site is playing. Therefore, the network company's behavior constitutes to "struggle" the information network dissemination right exercise. The network company's argument has no legal basis, the Court does not adopt the letter.

Because the successful company recognized the network company has stopped the network dissemination "The struggle", the successful company request to stop the infringement lawsuit request has realized, the Court no longer supports. As for the amount of compensation, because the successful company did not prove its loss and network company's profit amount, so the court comprehensive consideration of the "struggle" of the play, market impact, successful companies in the broadcast interface advertising factors, as appropriate, the law to determine. The amount of compensation should also include the reasonable expenses paid by the obligee to stop the infringement. Therefore, the successful company to stop the infringement of the expenses of the reasonable part of the court to support. The network company only violates the property copyright of the successful company, so the lawsuit request that the successful company requests apology, has no legal basis, the court does not support