Case 2
Dispute Over the Right of Authorship for Kuwo Music Software
Trial Docket: (2017) Jing0108MinChu No. 11811
[Headnotes] Determination of whether a music app software is identified with standardized authorship should be made by referring to industry custom for authorship, as well as to the contents of tunes and lyrics, taking into account necessity, and convenience of identifying authorship.
[Synopsis] Plaintiff: Li Zhi Defendant: Kuwo Technology Co., Ltd. of Beijing (Kuwo) Li Zhi, a musician, wrote lyrics for, composed and performed a large number of songs and published numerous albums. Kuwo provided Li’s music for online listening and download on its “Kuwo Music” PC and mobile clients, some of which failed to identify Li as author and performer. Li contended that Kuwo infringed his right of authorship and network dissemination of information right as lyric writer, composer and performer of visual/audio recordings, and demanded apologies, remorse and economic compensation plus reasonable expenses for the amount of 210,459 Yuan. Kuwo responded by stating that “Kuwo Music” clearly indicated “Li Zhi” in the PC and mobile clients, and did not infringe the personal right under Copyright Law for lyric writers, composers and performers, and refused therefore to apologize. The court, after classifying the identification situations for providing Li Zhi’s name when offering his music at various clients, found that when the songs were offered for download at the PC client of Kuwo, it was not infringement of the right of authorship as the download page indicated such information as names, singers, albums, popularity, music quality, but it was for the downloading of Memories of Zhengzhou when Kuwo listed Li Zhi as a mere Internet singer, without showing him as a performer, thereby infringing his right of performer. For the mobile clients wherein the songs did not carry lyrics, Kuwo did not have to show Li Zhi as lyrics writer; but for those songs that did carry lyrics, some showed Li Zhi in the standardized identification as singer, lyrics writer and composer, but others merely showed “Li Zhin” which was insufficient to show Li’s authorship of lyrics writer and composer, infringing thereby Li’s right of authorship. Therefore the ordered that Kuwo show apology and remorse to Li Zhi, and pay economic damages in the amount of 185,797.5 Yuan plus reasonable expenses of 8,660 Yuan. When neither party appealed the trial court decision became effective.
[Judge’s Comment] The innovative significance of this case lies in that it teaches on how to show authorship of lyrics writers, composers and performers for music app at the different stages of test listening and downloading. Most popular music apps on the market usually have test listening and downloading services. When test listening, a consumer may choose to display the lyrics or not to. The music app software provider does not have to show the authorship for lyrics writers and composers when the lyrics are not displayed without the benefit of showing authorship. For download, the app usually provides a link popup window or downloading indicator, in which process no infringement of authorship may necessarily be found for lack of indication of lyrics writers, composers or performers. Determination of proper identification of authorship for music apps should be made taking into consideration of industry customs of both necessity and convenience.
（Translated by Zheng Xiaojun, Yuan Renhui)
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