The S&F law blog


Supermarket Sued over background music
April 14, 2009, 12:07 pm
Filed under: Uncategorized
The MerryMart chain store is accused of illegally using a song as background music

The MerryMart chain store is accused of illegally using a song as background music

The Music Copyright Society of China (MCSC), an organization formed for the collective management and exploitation of music copyright on behalf of copyright owners in China, sued Beijing MerryMart Chain Stores for playing the song “Mother in Candle Light” as background music in its supermarket without the copyright owner’s authorization. The Beijing Haidian District Court argued that the use of the song throughout the store during opening hours without the author’s persmission infringed on the author’s right. Merry Mart benefited from the use of the song in its store and is obliged to pay royalties to the copyright owner. The MCSC claimed RMB 10,000 in losses from the infringement. The court awarded them RMB 500 based on the fact that the MerryMart supermarket had only been in operation for one month and on the following factors: 1. the scale of the infringement; 2. the popularity of the song; and 3. the royalty rate usually charged by the MCSC.

Source: I Magazine

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