Qianyuan musician Jin Xin said that the original song was infringed and sued the communication company

Musician Yelang Jinxin.

Guizhou musician Yelang Jinxin (stage name) created 14 songs that became the ringtone of a communications company's mobile phone, and he said he was completely unaware. A few months ago, after learning that the work had been infringed, he took the communication company and its subsidiaries Guangdong and Zunyi branches to court. Yesterday, the Zunyi Intermediate Court heard the case.

I want to sign a contract to sell songs, and I find that the songs have been "stolen"

Born in Chishui, Guizhou, Yelang Jinxin is versatile, both singer and lyricist, Baidu search can see his songs, in 2009, he created dozens of songs. Through years of groping and rolling, he has a small reputation in the circle. A few months ago, a beijing-based cultural media company took a fancy to his 40 songs and wanted to sign a work transfer agreement with him to buy 40 songs for 20,000 yuan each. However, during the consultation between the two sides, the Beijing cultural media company found that 14 songs such as "For Love Color Blindness" had become the mobile phone ringtone of a communication company, so the media company and Yelang Jinxin suspended the agreement.

Yelang Jinxin said that when his song became the ringing sound of his mobile phone, he was completely unaware, and while explaining it to the person in charge of the media company, he collected evidence and pushed the above three defendants into the defendant's seat to protect his legitimate rights and interests. Its litigation claims are: while demanding that the defendant immediately stop the infringement, publicly apologize in the media and compensate 108,000 yuan for various economic losses per song.

The defendant presented evidence and demanded that the claim be dismissed

At the trial on the same day, the three defendants presented relevant evidence that the 14 songs became the mobile phone ringtones of a communication company, which did not infringe the intellectual property rights of the plaintiff Yelang Jinxin, but were legal acts. Therefore, the court was requested to order the dismissal of the plaintiff's claims.

The defendant's evidence was a CRBT value-added agreement signed with a Shanghai cultural media company (hereinafter referred to as the Shanghai company), and the Shanghai company obtained the CRBT appreciation rights for 14 songs through an agreement with a Guangdong cultural media company (hereinafter referred to as the Guangdong Company), but initially, it was Huang Sihan, the former manager of Yelang Jinxin, who paid the CRBT appreciation rights of 14 songs to the Guangdong company.

In this regard, Huang Sihan attended the trial as a defendant witness on the same day. Huang Sihan said that after meeting Yelang Jinxin in 2008, he began to cooperate with him and became his agent. Yelang Jinxin promised to give him an annual salary of 110,000. In 2009, after obtaining the authorization of Yelang Jinxin, he signed a CRBT value-added agreement with Guangdong Company for 14 songs, and the right to use the songs was 2 years. After 2012, he renewed the CRBT value-added agreement with Guangdong Company, and the right to use the song was 3 years. Huang Sihan said that the first agreement, a profit of nearly 2,000 yuan, he all remitted to the personal account of Yelang Jinxin, but the second agreement profit of nearly 5,000 yuan, he did not remit to Yelang Jinxin, the reason is that when he was a broker, Yelang Jinxin owed him a salary.

Preliminary mediation: The compensation for each song cannot be less than 50,000 yuan

However, at the trial on the same day, the plaintiff, Yelang Jinxin, said that he had never hired Huang Sihan as his agent, nor had he authorized Huang Sihan to use his 14 songs as the ringtone of a communication company's mobile phone, nor did he receive the CRBT value-added fee.

The judge asked Huang Sihan to issue a contract to become Yelang Jinxin's agent, but Huang said that the agent who was Yelang Jinxin was an oral agreement and there was no written agreement. He worked as a broker from April to August 2012.

After that, the judge asked Huang Sihan to issue a letter of authorization for the plaintiff to add value to the 14 songs of the ringtone, Huang said that for the first time, there was a power of attorney, but the company he started relocated 4 times and accidentally lost the authorization letter, and the second renewal of the ringtone value-added agreement was the oral authorization of Yelang Jinxin.

It should be emphasized that each song is an independent intellectual property right, according to the relevant provisions of the law, 14 songs, Yelang Jin Xin established 14 intellectual property infringement cases, in view of the same defendant, the nature of the infringement is the same, the trial on the same day, although it is to hear the infringement case of one of the songs, but it is equivalent to a case of 14 cases.

After the end of the trial on the same day, under the organization of the court, the plaintiff and the defendant were willing to mediate, the plaintiff proposed that each song plus various costs arising from the litigation, the defendant needed to compensate the bottom limit of 50,000 yuan, because the 3 defendants were all agents in court, the bottom limit of the claim, the 3 agents said that they could not take the initiative without authorization, and would ask the company to reply after the "May Day" festival.

The judge said that if the final mediation fails, the verdict will be pronounced. Reporter Liu Hong of this newspaper reported on photography