"Sour and Sweet is Me" was infringed

"Sour and Sweet is Me" is the representative song of Super Girl Zhang Hanyun. Recently, this song was infringed by Jilin Audio and Video Publishing House The publication of the complete collection of Chinese Golden Classics triggered a lawsuit. Zhang Hanyun's agency, Beijing Tianzhong Cultural Development Co., Ltd., sued Beijing Wonderful Infinite Audio and Video Co., Ltd., Hebei Era Optoelectronics Co., Ltd., and Jilin Audio and Video Publishing House to the People's Court of Dongcheng District, Beijing, demanding compensation of 30,000 yuan in economic losses.

The plaintiff claimed that Super Girl Zhang Hanyun was a contracted artist with it. The plaintiff provided the copyright to publish Super Girl’s first album "I Am Very Zhang Hanyun", which included the song "Sour, Sweet and Sweet Is Me". Therefore, The plaintiff has the producer's rights to the song. In 2007, the plaintiff discovered that the first defendant, Beijing Wonderful Unlimited Co., Ltd., had sold MP3 discs with color covers labeled "Latest Popular Hits" that were copied by the second defendant, Hebei Era Optoelectronics Company, and published by the third defendant, Jilin Audio and Video Publishing House. The CD contains the song "Sweet and Sour Is Me". The defendant's behavior was without the plaintiff's permission and without the plaintiff's authorization, causing significant economic losses to the plaintiff. Therefore, the defendant is required to immediately stop the infringement and jointly compensate the plaintiff. The economic loss was 30,000 yuan.

During the trial, in order to support its claims, the plaintiff presented to the court the "Agent Agreement" signed between the company and super girl Zhang Hanyun. The contract stipulated that the plaintiff would enjoy the copyright property rights in all songs sung by Zhang Hanyun. . Since Zhang Hanyun was under 18 when the contract was signed, the contract was also signed by her mother.

In view of this, the three defendants have no objection to the plaintiff’s rights. At the same time, the defendant Beijing Wonderful Unlimited Audio and Video Co., Ltd. fully admitted the sale of the infringing disc involved in the case, but pointed out that the defendant had legal purchase channels for the disc and had completely stopped selling it after September 20, 2007. The other two defendants also acknowledged the publication and distribution of infringing CDs, but believed that the amount of compensation requested by the plaintiff was too high. In addition, the defendant Hebei Era Optoelectronics Company believed that the CD was entrusted by the defendant Jilin Audio and Video Publishing House to copy, and according to the power of attorney, the infringement liability should be borne by the Jilin side.

In view of the fact that the first defendant, Wonderful Unlimited Company, has stopped sales, the plaintiff withdrew the lawsuit against the company in court, but still claimed that the other two defendants, ***, should be equally liable for compensation. The case was not pronounced in court.