注册 登录  
 加关注
   显示下一条  |  关闭
温馨提示!由于新浪微博认证机制调整,您的新浪微博帐号绑定已过期,请重新绑定!立即重新绑定新浪微博》  |  关闭

刘春泉律师电子商务专栏

IT,电子商务,知识产权和商事法律服务

 
 
 

日志

 
 
关于我

上海段和段律师事务所合伙人。 信息网络及知识产权专业领域资深律师。业务涉及商业地产,民航,企业商务法律事务,兼并收购,诉讼仲裁,高新技术企业认定,外商投资,等。 中国电子商务协会政策法律委员会副主任。

网易考拉推荐
 
 

Songwriters win copyright cases  

2008-08-20 17:28:42|  分类: 媒体采访和报道 |  标签: |举报 |字号 订阅

  下载LOFTER 我的照片书  |

08-19-2008

Gong Kaijie, the writer of a highly popular Internet song about the stock market, won a lawsuit yesterday against a singer and Wesbite he said profited by stealing his lyrics.

The Pudong New Area People's Court ordered Zhejiang Fanya Electronic Business Co Ltd and singer Wang Bei to pay Gong 27,000 yuan (US$3,930) for copyright infringement.

Fanya was also ordered to post an apology on the home page of its Website.

The plaintiff wasn't entirely satisfied with the ruling, however. The compensation was far below the 450,000 yuan he sought. His lawyer, Liu Chunquan, said yesterday that Gong hadn't decided whether to appeal.

Liu did say the penalty won't be enough to scare off other copyright violators.

Gong, 33, has been writing music and lyrics for several years. Captivated by the stock market boom, in April 2007, he wrote the lyrics of a song entitled "I Won't Sell The Shares Even If I'm Dead." He asked Wang to sing the song, and he set it to the music of a Taiwanese pop band.

The song went online for free on May 6, 2007, and soon became popular because of its compelling portrayal of the psychology of some investors.

During media interviews, Wang said Gong was the lyrics writer. But she later amended the lyrics and allowed Fanya to offer downloads of the song on its Website for a fee.

Gong charged that the defendants profited by using his song without permission. The defendants argued Gong shouldn't enjoy the copyright because the song's popularity came from the rhythms of the Taiwanese band and Wang's singing.

The court decided that Gong owns the copyright to the lyrics, partly because he received credit for the words when they were first posted on the Internet. In addition, the original and amended versions of the song differed by only 23 characters.

Source: Shanghai Daily

  评论这张
 
阅读(83)| 评论(0)
推荐 转载

历史上的今天

评论

<#--最新日志,群博日志--> <#--推荐日志--> <#--引用记录--> <#--博主推荐--> <#--随机阅读--> <#--首页推荐--> <#--历史上的今天--> <#--被推荐日志--> <#--上一篇,下一篇--> <#-- 热度 --> <#-- 网易新闻广告 --> <#--右边模块结构--> <#--评论模块结构--> <#--引用模块结构--> <#--博主发起的投票-->
 
 
 
 
 
 
 
 
 
 
 
 
 
 

页脚

网易公司版权所有 ©1997-2017