Beijing Haidian District People's Court recently on Baidu music copyright infringement case to first instance judgments in civil proceedings. This is the right person in recent years, Baidu launched hundreds of music copyright litigation, the first successful case.
Music Copyright Society of China, Liu Ping, Deputy Director-General told reporters that two years ago, China Music Copyright Association, who filed the lawsuit on behalf of the rights of Beijing Baidu Network Technology Limited, the operators of Baidu MP3 search, such as violation of Qiao Yu lyrics author " I love China "and other 50 lyrics copyright. And associations, without the authors permission, no payment of royalties case, Baidu net long-term to provide the above 50 lyrics online browsing and communication services, thus violating the legitimate rights and interests of copyright holders.
Baidu argued that Baidu offers music search engine links are the service areas, did not constitute infringement.
Beijing Haidian District People's Court's verdict that the defendant claimed the search of alternative sources has actually played the role of lyrics site is not within the scope of fair use search engine services, and do not meet the safe harbor provisions of the law and violated the plaintiff enjoy the lyrics of the 50 involved in the case of Information Network Transmission Right. The court ruling takes effect from the date of the accused Baidu online immediately cease to provide the above 50 lyrics, and compensate the plaintiff 50,000 yuan economic loss.
Liu Ping pointed out that not only the search engines, Internet copyright infringement is a very common phenomenon. With the continued development of Internet technology on the judicial protection of copyright musical works should be strengthened. If Baidu appealed his conviction on the verdict could be within fifteen days from the date of delivery to the Beijing Municipal No. 1 Intermediate People's Court of Appeal.
