China Economic Net Beijing, March 27 (Reporter He Xiaoma Xianzhen) A few days ago, a civil judgment issued by the China Judgment Document Network showed that the defendant Wuhan Douyu Network Technology Co., Ltd. (hereinafter referred to as Douyu Company)'s betta anchor "Liu Feier" "Faye" has not been authorized to sing the involved song "Little Jumping Frog" on multiple live broadcasts, and has obtained huge economic benefits. The plaintiff Beijing Qilintong Culture Communication Co., Ltd. (hereinafter referred to as Qilintong Company) believes that it seriously violated the plaintiff’s enjoyment of the song. The right of producer of sound recordings.

Douyu said that it has fulfilled its reasonable regulatory reminder obligations.

The Beijing Internet Court determined that the plaintiff had the right to spread information on the audio recordings of the songs involved in the case, and the defendant’s above actions constituted infringement.

In the end, the Beijing Internet Court ruled that the defendant immediately stopped the infringement involved and compensated the plaintiff for economic losses of 1,000 yuan.

　　The Civil Judgment of Beijing Internet Court ((2019) Jing0491 Minchu No. 28732) shows that the plaintiff Kylintong Company and the defendant Douyu Company infringed on the rights of producers of audio and video recordings. After the court opened the case on August 1, 2019, according to the " The Decision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Court to Carry Out the Pilot Reform of the Diversion of Civil Litigation Procedures in Certain Areas", the ordinary procedures shall be applied in accordance with the law, and the judge Zhang Lianyong shall be the sole judge and open court hearings.

Sun Haitian, the agent ad litem of the plaintiff Kylintong Company, and Xu Qingyu, the agent ad litem of the defendant Douyu Company, appeared in court to participate in the lawsuit.

The case has now been concluded.

　　Qilintong Company stated that the song "Little Leaping Frog" (hereinafter referred to as the song involved in the case) was co-created by Peng Jun and Li Run and included in the album "We Love Music" (ISBN: 978-7-7994-3346-2) produced and released by the plaintiff. )in.

The plaintiff is the recording producer of the album and has the right to record producer of the album and all its songs.

　　However, when the defendant did not obtain the plaintiff’s authorization and permission, and did not pay any royalties, its Betta anchor "Liu Feier faye" (Betta Room No. 265438) used it as a profit and conducted multiple battles from 2017 to 2018. In the fish live event, a total of at least 1 time of the involved song was sung, and the singing was performed for the full length of time, and the original accompaniment of the involved song was played. The fans formed real-time interaction when watching online, received huge rewards from fans, and obtained huge economic benefits. .

The corresponding live video formed after the live broadcast is produced and saved on the Douyu video website and Internet application platform. Fans and network users can play, download and share the infringing live singing video anytime and anywhere.

　　Kylintong Company filed a lawsuit to the court: 1. Order the defendant to delete all relevant infringing videos of Betta anchor "Liu Feier faye" singing the songs involved in the case; 2. Order the defendant to compensate the plaintiff for economic losses of 15,000 yuan.

　　Douyu Company argued that the defendant was not the subject of the conduct involved in the case, and only provided neutral live broadcast technical services during the user's live broadcast performance, which belonged to the network service provider.

As a network service platform, the defendant had no known faults for the actions involved in the case, and had fulfilled the reasonable supervision obligation, did not directly benefit from the actions involved, and was not required to bear the liability for tort damages.

　　Based on the facts ascertained, the court held that the video involved in the case was produced in the Douyu live broadcast room. The “Betta Live Broadcast Agreement” signed by the live broadcaster and the Douyu platform stipulates that all the results produced by the live broadcaster during the period when the defendant platform provides live broadcast services All intellectual property rights belong to the defendant.

According to the content of the above agreement, Douyu Company has an interest in the video results involved in the case and should be obliged to examine whether the video content involved infringes the intellectual property rights of others.

Douyu Company has not fulfilled its censorship obligations and broadcast and share the video content of the song "Little Jumping Frog" involved in the case by the network anchor through the Internet, so that the public can browse the video content at a time and place selected by individuals. The video is played in the video. Fragments of the songs involved in the case, so the act infringed the right of Kylintong Company to the information network dissemination of the sound recordings involved.

　　Since the defendant’s actions involved in the case constituted infringement, he should bear civil liabilities such as stopping the infringement and compensating for losses.

Regarding the plaintiff’s request to stop the infringement, the plaintiff claimed that it was not clear whether the video involved was deleted. The defendant claimed that it had not found the video involved, but did not submit evidence to prove that the video involved was deleted. Therefore, the court supported the plaintiff’s request.

Regarding the amount of compensation for economic losses, the court will comprehensively consider the subjective fault of the Douyu Company, the market value of the songs involved, the dissemination of the videos involved, and the scope of influence, etc., and support the plaintiff's claim for economic losses as appropriate.

　　In summary, in accordance with Article 10, Paragraph 1, Item (12), Article 42, Article 48, Item (1), and Article 49 of the Copyright Law of the People’s Republic of China, the Supreme People’s The Court's Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases of Infringement of Information Network Dissemination" Article 3, "The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" Article 7 paragraph 1, the judgment is as follows :

　　1. The defendant Wuhan Douyu Network Technology Co., Ltd. immediately stopped the infringement activities involved in the case from the date when this judgment became effective;

　　2. The defendant Wuhan Douyu Network Technology Co., Ltd. shall compensate the plaintiff Beijing Qilintong Culture Communication Co., Ltd. for economic losses of 1,000 yuan within seven days from the effective date of this judgment;

　　3. Dismissed other claims of the plaintiff Beijing Qilintong Culture Communication Co., Ltd.

　　According to a reporter from China Economic Net, Beijing Qilintong Culture Communication Co., Ltd. was established on March 22, 1996, with a registered capital of 6,678,600 yuan. The main business scope is to organize music creation.

　　Douyu's official website shows that Douyu, a subsidiary of Wuhan Douyu Network Technology Co., Ltd., is a barrage-style live sharing website dedicated to bringing joy to everyone, and it is a leader among domestic live sharing websites.

Douyu's predecessor, Live Broadcasting, was officially renamed Douyu on January 1, 2014, trying to steadily improve on the existing basis and do its best.

At present, Douyu is dominated by game live broadcasts, covering a variety of live broadcasts such as sports, variety shows, and entertainment.