"Sweet and sour is me" is the representative song of Super Girl Baby Zhang. Recently, this song was included in The Complete Works of China and Jin Dian published by Jilin Audio and Video Publishing House, which triggered a lawsuit. Baby Zhang brokerage company-Beijing Tianzhong Culture Development Co., Ltd. sued Beijing Wonderful Unlimited Audio and Video Co., Ltd., Hebei Jiyuan Optoelectronics Co., Ltd. and Jilin Audio and Video Publishing House to the Dongcheng District People's Court in Beijing, demanding compensation of 30,000 yuan for economic losses.
According to the original report, Super Girl Baby Zhang is its signing artist, and the plaintiff provided the copyright to publish Super Girl's debut album "I am very Baby Zhang", including the song "I am sweet and sour", so the plaintiff enjoyed the right to record the song. In 2007, the plaintiff found that the first defendant, Beijing Wonderful Unlimited Co., Ltd., sold mp3 discs marked with "latest fashion" color printing, which were copied by the second defendant, Hebei Jiyuan Optoelectronic Company, and published by the third defendant, Jilin Audio and Video Publishing House. There is the song "Sweet and sour is me" on the CD. The defendant's behavior did not obtain the plaintiff's consent and authorization, which caused great economic losses to the plaintiff. Therefore, the defendant is required to immediately stop the infringement and compensate the plaintiff for the economic loss of 30,000 yuan.
During the trial, in order to support his claim, the plaintiff showed the court the broker's contract signed by the company and the super girl Baby Zhang, stipulating that the plaintiff enjoyed the property rights of all the songs sung by Baby Zhang. As Baby Zhang was under the age of 18 when signing the contract, the contract was signed by his mother.
In view of this, the three defendants have no objection to the plaintiff's rights. At the same time, the defendant Beijing Wonderful Unlimited Audio & Video Co., Ltd. fully admitted to selling the infringing CD involved, but proposed that the defendant had legal channels to buy the CD and completely stopped selling it after September 20, 2007. The other two defendants also recognized the publication and distribution of pirated CDs, but thought that the amount of compensation demanded by the plaintiff was too high. In addition, the defendant Hebei Jiyuan Optoelectronic Company believes that the CD was copied by the defendant Jilin Audio-visual Publishing House, and Jilin should bear the tort liability according to the power of attorney.
In view of the fact that the first defendant Wonderful Unlimited Company has stopped selling, the plaintiff withdrew the lawsuit against the company in court, but still claimed that the other two defendants were jointly and severally liable for compensation. The case was not pronounced in court.