Press Enter to Center block

Intellectual Property and Commercial Court


2011 Min Zhu Su Zi No. 48

Decision No. 2011 Min Zhu Su Zi No. 48
Date April 30, 2012
Decision Highlight

According to Article 3 Paragraph 1 Subparagraph 8 and 9 of the Copyright Act, “Public Performance” means to act, dance, sing and play a musical instrument, or use other means to communicate the content of a work to a public that is present at the scene. This includes any communication to the public by an original broadcast of sounds or images through loudspeakers or other equipment; “Public Presentation” refers to using single- or multiple-unit audiovisual devices, or other methods of transmitting images to simultaneously communicate the content of a work to the public at the place of transmission or at a specified place outside the place of transmission. Upon investigation, the video and photo evidence collection provided by the plaintiff could only prove the fact that “Y? G? Karaoke company”, run by the defendant, possessed the plaintiff’s work of songs. However, this did not constitute an infringement without publicly performing or presenting. Though investigators of the plaintiff did themselves play and perform the listed songs inside the aforementioned Karaoke company, this public performing conduct was purposely authorized or prior consented by the plaintiff in order to collect substantial evidence; therefore, should not be deemed as infringing the plaintiff’s right of public performance or public presentation. Moreover, the number of the mentioned songs was disproportioned to those in the system of the defendant’s “Y? G? Karaoke company”. Even if the songs were set for performing, the plaintiff still could not prove that his own songs were actually performed. Since the plaintiff had failed to prove the fact that the songs were publicly performed or presented by people other than investigators, the claims on which the defendant infringed the economic right through public performing or presenting is groundless.


Public Performance, Public Presentation

Relevant statutes Article 3 Paragraph 1 Subparagraph 8, 9, and Article 88 Paragraphs 1, 3 of the Copyright Act.
  • Release Date:2020-11-13
  • Update:2020-12-03