Daolang Company sued Dolma for 250,000 yuan in damages only for the infringement of "West Sea Love Song"

"I am waiting for the warm spring at the top of the snowy mountain, waiting for the lone goose to return after the melting of the ice and snow on the plateau..." Many people may have heard this song, but they don't know who his original creator is. Is it Dolma or Daolang? On April 27, this reporter learned from the Chengdu Intermediate People's Court about a case involving a dispute between Beijing Ah Ya La La Yan Music Culture Development Co., Ltd. and Dolma for infringement of the right to perform the work, and the dispute between the two parties stemmed from a "Love Song of the West Sea".

Dao Lang sued Dolma

Sang "West Sea Love Song" without permission

The real name of "Dao Lang" is Luo Lin, he is the copyright holder of the two songs "West Sea Love Song" and "Tenderness in the Palm of the Hand", and at the same time, he also licensed the copyright of the two songs to a music culture company called Ah Ya La La.

The stage name of Dolma, who descended to Dolma, sang the songs "West Sea Love Song" and "Tenderness in the Palm of the Hand" in a concert held by a sports center in Jiujiang without the permission of the right holder.

Ah Ya La Lang Music Culture Company said that it did not know the identity of the organizer of the concert, but said that the organizer of the concert was a company in Jiangsu, but did not submit any evidence to prove it.

After trial, the Chengdu Area People's Court of Tianfu New District, Sichuan Province, held that the performance involved in the case was a live concert and should have its corresponding performance organizer; according to the first paragraph of Article 37 of the Copyright Law of the People's Republic of China, the performance organizer should obtain the permission of the copyright owner and pay remuneration, and of course, the performance organizer should also bear the infringement liability to the right holder.

However, there is no evidence in the case to show the organizer information of the Jiujiang performance, for the Ah Ya La La Music Culture Company, the external manifestation of the infringement is that the dehuman dolma sang the works involved in the case without permission, and in the case of not obtaining the information of the performance organizer, there is nothing wrong with the ya la la music culture company directly claiming the rights to the subsent Dolma; and the evidence on the information of the performance organizer is obviously closer to the demotion dolma, and the demotion dolma claims that it is accepted by the organizer to participate in the performance, and the tort liability should be borne by the organizer. It should be proved by this, but the reduction of dolma only made an oral response to this, and it should bear the adverse consequences of not producing evidence to prove the information of the performance organizer, so it was determined that the lower support dolma bore the tort liability and compensate the economic losses and reasonable expenses of the Ah Ya La Lang Music Culture Company totaling more than 250,000 yuan.

The court held that, based on the distance of the evidence, the burden of proof for proving the information of the performance organizer was assigned to the performer, reducing the burden of proof and the burden of rights protection on the right holder, and in the case where the performer did not produce evidence to prove the performance organizer, the performer should directly bear the liability for infringement compensation to the right holder. After comprehensively considering and analyzing the performers, the popularity of the works, the scale of the concert and other factors, the judgment determined that the amount of compensation totaled more than 250,000 yuan, highlighting the court's strict protection of original works and the severe sanctions for infringement of intellectual property rights.

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