Analyse stratégique d’une banque

Download Illegal of music in China

I. Overview of illegal download of music in China

In China, music copyright infringement is widely regarded as one of the highest in the world.
“95% of music sales in China are unauthorized, most of them coming from internet which are 225 million internet users in China.” reports from the International Federation of the Phonographic Industry. Evendownload of music is illegal; lots of people know that if you live in China, we can download music “legally” from different internet for free, just like “Google China”, “Baidu”…
It should note that “Intellectual Property in China” has been in place since 1979 with several successes, but with a large amount of download illegal on line during the past decade, China’s supreme governing body “StateCouncil of China” has introduced some regulations, July, 2007. Its goal is to clarify China’s copyright law regarding in the liability of content and service provides involved in the distribution of unauthorized content.
However, due to the wake experience of tackling piracy, the problem of download in China doesn’t have resolved.

II. Copyright law of China & Lawsuits of illegal download* Copy right law of people’s republic of China (abstract)
Chapter IV: Publication, Performance, Sound Recording, Video Recording and Broadcasting
Section 3 Sound Recordings and Video Recordings
Article 39 A producer of sound recordings or video recording who, for the production of a sound recording or video recording, exploits a work created by another person, shall obtainpermission from, and pay remuneration to, the copyright owner.
A producer of sound recordings or video recordings who exploits a work created by adaptation, translation, annotation or arrangement of a preexisting work shall both obtain permission from, and pay remuneration to the owner of the copyright in the work created by adaptation, translation, annotation or arrangement and to the owner of thecopyright in the original work.
Article 41 A producer of sound recordings or video recordings shall have the right to authorize others to reproduce, distribute, rent and communicate to the public on an information network such sound recordings or video recordings and the right to obtain remuneration therefore. The term of protection of such rights shall be fifty years, and expires on 3l December ofthe fiftieth year after the recording was first produced.
Anyone who is authorized to reproduce, distribute and communicate to the public on an information network a sound recording or video recording shall also obtain permission from, and pay remuneration to, the copyright owner and the performer as presented by regulations.

* Lawsuits
In front of this illegal download, consequences areconsiderable: many websites were sued by law.
For example: Yahoo China, the No.2 Chinese search engine, links to unlicensed MP3 downloads of large number of songs, it has been sued for alleged copyright violation, in Jan. 2007. Beijing’s intermediate court accepted the suit, and Yahoo should pay 5, 5 million Yuan in this fact.
On April 7, 2007, Beijing’s No. 1 Intermediate People’s Court suits toagainst Baidu and Sogou, two of China’s leading search engines. The International Federation of the Phonographic Industry will represent Universal Music, Sony BMG Music Entertainment (Hong Kong) and Warner Music Hong Kong in a suit against Baidu and Sogou as well.
Lawsuits claim $9 million in damages against Baidu and $7.5 million against Sogou. The lawsuit against Baidu is based on 127copyright music tracks, which represent just a little example of its wider infringement.
Another lawsuit also comes from Baidu, won a case brought by a music firm who claiming that Baidu leads to illegal songs download. However, according to the court, Baidu did not violate copyright, because it just helps user to find music which link with anther website, but it didn’t offer directly the music….