'Super Girl' producers sued on IPR infringement (Shanghai Daily) Updated: 2006-05-24 08:33 The organizer of the popular TV show "Super Girl"
is being sued for allegedly violating the copyright of a former employee who
wrote the hit show's theme song, by allowing the song to be performed in public
without paying any royalties to the writer.
Zhou Bichang, left, Li Yuchun and
Zhang Liangying performed last week during the finals of the "Super Girl"
singing contest in China's Hunan province. Li won the "American
Idol"-style contest, with 400 million television viewers watching the
grand finale. [AP] | The Shanghai No. 1
Intermediate People's Court has accepted the case, and the Music Copyright
Society of China, which represents song writer Xu Wenya, exchanged evidence with
defendant Shanghai EE Media Co Ltd yesterday.
EE Media and three other companies organized a Super Girl concert in the city
on October 6 last year. The song "Xiang Chang Jiu Chang" was performed in the
concert but the organizers refused to pay Xu.
The three other organizers were also named in the suit, but refused to take
part in yesterday's hearing.
"According to the usual practice, a concert can be held only after the
organizers get approval from writers of all the songs that will be performed in
the concert and pay the copyright fee," said Fan Yu, the lawyer for the society.
He noted, however, that many concert promoters either don't know they should pay
copyright fees, or simply refuse to.
The society says concert promoters should split 7 percent of ticket revenues
between the writers of all songs performed during the show.
The plaintiff is seeking about 30,000 yuan (US$3,704) in compensation.
EE Media argued that it has the right to use the song because Xu wrote the
song while working as the company's deputy general manager.
"It was a task the company assigned to Xu when we were planning the 2005
Super Girl contest and the song was promoted to the public by our company," said
Jin Tao, EE's lawyer.
Xu argues she didn't write the song as part of her job, but penned it in her
free time, so she should have all rights to the lyrics.
The next hearing in the case is scheduled for June 14.
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