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R2G Wins Landmark Music Publishing Lawsuit Against Hurray
In a lawsuit brought against Hurray Solutions by R2G, the Haidian People's Court of Beijing found Hurray liable for the illegal use of ringtone applications for 15 songs by popular Taiwanese singer, Jay Chou in violation of China copyright laws on 10 Aug 2006. This is the first case in which the Chinese courts have used the international Original Publisher (OP) concept as the judging criteria, in accordance with the international copyrights protection standard in that once the music work is credited to an OP, then the publisher will be taken as owning the due publishing rights accordingly. This is also the second consecutive lawsuit that R2G has won in recent months in the area of digital music publishing copyrights in China following the first win in June against China.com. As of June 2005, BMG Music Publishing (Asia) had authorized R2G with the exclusive music publishing distribution rights for all of Jay Chou's titles for ringtone applications in China. R2G was also assigned the task of other support services including online piracy monitoring, promotion and marketing services. As a result of this successful lawsuit, Hurray has been ordered to pay R2G the sum of RMB 50,000 as compensation. This case will further serve as a roadmap in the slowly burgeoning area of publishing rights ownership and protection in China. Mrs. Guo Chun Fei, a China law specialist commented that this showcases a marked progress in China's intellectual property protection environment, "According to China Law, the publishers listed on music works should be treated as the copyright owner if there's no specific disproof. The OP Mark is a worldwide standard that dictates that it is an acceptable proof indicating publishing rights ownership. This case shows the China court's recognition of this worldwide standard, and undoubtedly this will lead to more confidence by the international music industry of China's commitment to publishing rights protection." R2G has also recently taken legal action against 9Sky, 21cn, mocoo.com and A8.com for their violation of China copyrights laws, and all these cases are now awaiting verdicts from the courts.
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