Langang Online was claimed 1.6 million yuan for alleged infringement of the soundtrack of "Journey to the West"

It was claimed that the other party used two music such as "Overture" and "Pig Bajie Carrying Daughter-in-law" from the 86th edition of "Journey to the West" as game soundtracks without authorization. Xu Jingqing, a well-known composing artist and author of the 86th edition of "Journey to the West", sued Langang Online Beijing Technology Co., Ltd. in court for compensation of 1.6 million yuan.

. Langang Online was suspected of infringing the soundtrack of "Journey to the West" and was claimed to be 1.6 million yuan for allegedly using "Overture" and "Pig Bajie Carrying Daughter-in-law" from the 86 edition of "Journey to the West" without authorization. Xu Jingqing, a well-known composing artist and author of the 86 edition of "Journey to the West", sued Langang Online Beijing Technology Co., Ltd. for compensation of 1.6 million yuan.

This morning, the case was heard in Shijingshan Court. The defendant claimed that he had previously obtained authorization from the Music and Photography Association but only used it for extended periods.

The case

stated that the music of the 86 edition of "Journey to the West" was claimed for infringement of 1.6 million

yuan. Xu Jingqing was the songwriter of all the music works in the first 25 episodes of the 86 edition of the TV series "Journey to the West". He said that in early December 2015, the game "New Journey to the West" created and produced by Langang Online Beijing Technology Co., Ltd. used the 86-version TV series "Journey to the West" without its authorization and without signature. Two works such as "Journey to the West Overture" and "Pig Carrying Daughter-in-Law" have been used as soundtracks throughout the game, and the company has actually been infringing since 2014.

The plaintiff claimed that the 86th edition of "Journey to the West" has been broadcast for 30 years and has had widespread influence among Chinese across the country and overseas. The soundtrack of this edition of "Journey to the West" involved in the case has also become a symbolic symbol of "Journey to the West" and is widely known."Prelude to Journey to the West" has become a world-class famous song. The plaintiff required the defendant to stop the infringement and delete the infringing game "New Journey to the West" from its official website and all other networks; publish an apology in the newspaper and jointly compensate 1.6 million yuan in economic losses.

It

is difficult to achieve the signature of the background music of the trial game

. At about 9 a.m. this morning, the case was heard publicly in the second office area of Shijingshan. Well-known composer and artist Xu Jingqing himself did not appear in court.

During the trial, Langang Online Beijing Technology Co., Ltd., the defendant's "New Journey to the West" operator, disagreed with the plaintiff's "Journey to the West" composer Xu Jingqing.

The defendant Langang Online Beijing Technology Co., Ltd. believed that after receiving the plaintiff Xu Jingqing's notification of the relevant situation in December 2015, the company immediately conducted a self-examination of the game and related matters and found that it did not issue relevant authorization due to its own negligence. Subsequently, the two works involved in the game involved were deleted immediately, and the use of the game involved was stopped in time.

The defendant claimed that the company had no subjective malice to infringe on Mr. Xu Jingqing's music copyright, nor did it allow the infringement to continue to expand and spread. Moreover, the company's attitude is sincere and there is no need to apologize.

Langang Online Beijing Technology Co., Ltd. argued that regarding the right of authorship, due to the special nature of game software, it is difficult to display the signature of background music in the software.

The

works involved in the trial were copyrighted and used for extended periods.

The company is a legal game company. In order to legally use the two works involved in this case, the Tongtong Association signed authorization agreements on June 3, 2009 and May 19, 2011 respectively. Relevant music licenses have been obtained from the Music Association, and the defendant paid the fees to the Music Association in the form of each song annually.

Among them,"Overture to Journey to the West" signed in 2009 was obtained at a price of 8000 yuan per year, and in 2011 it rose to 10,000 yuan per song. "Pig Bajie's Daughter-in-law" was signed in 2011 and was obtained at a price of 10,000 yuan per year. It was only that the company's business center later moved to mobile games, rather than deliberately negligent, but it was just extended.

The defendant stated that even if Xu Jingqing claimed compensation, it should be based on the fees charged by the Music and Writing Association."The company only selected 15 and 20 seconds to use them, rather than using the entire piece, and the work involved in the case in 2014 was still at a loss. State, the claim of 1.6 million yuan is too high."

As of press time, the trial was still continuing.

Editor: yvette