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Interpretation of the original case: does the incomplete use of other people's music works in film and television works constitute infringement?
Music copyright society of china (hereinafter referred to as the Music Association) illegally used fragments of music works such as North Wind Blowing and Days in the Liberated Area in the film and television drama "Years of Burning Passion", and put Xi Changan Film and Television Production Co., Ltd. (hereinafter referred to as Changan Film and Television), Guangzhou Pretty Woman Culture Communication Co., Ltd. (hereinafter referred to as Guangzhou Pretty Woman), Beijing Book Building Co., Ltd. (hereinafter referred to as Book Building) and Guizhou Oriental Audio and Video Publishing House (hereinafter referred to as Guizhou Audio and Video Publishing House)
The plaintiff's music association said: > 1 April 5, 993 to1August, 9951,Zhang Lu's music about the north wind blowing, He Jingzhi's lyrics about the white-haired girl, Zhang Jingan's lyrics about Hong Hushui, the beating of the waves, and Uncle Ouyang Qian's comments about Honghu Red Guards Opera, Red Guards Opera and Red Guards Opera. Xian Nina and China Audio-visual Copyright Collective Management Association (hereinafter referred to as the Music Collection Association) signed the music copyright transfer contract or copyright contract for The Yellow River Cantata's lyrics, Malaqinfu's lyrics of Meet Aobao, China People's Liberation Army March, Yan 'an Ode, Zheng Xiaoti's music, Brother and Sister's Liu Jiayuan music, etc.
On June 20, 2003, 65438+, the Music Association bought a set of VCD discs of 22 TV series "Years of Burning Passion" (hereinafter referred to as "Excitement" drama) in Beijing Book Building. It is indicated on the cover of the CD that it was jointly recorded by China People's Liberation Army General Political Drama Troupe, shenyang military area command People's Liberation Army Drama Troupe and Xi Changan Film and Television Production Co., Ltd., produced and distributed by Guangzhou Pretty Woman Culture Communication Co., Ltd. and published and distributed by Guizhou Oriental Audio and Video Publishing House. The producer of the play used nine music works involved without the consent of the Music Association.
According to the court's ruling, specifically:
The focus of the dispute in this case is whether Changan Film and Television Company, as the producer of film and television works, can use other people's music works incompletely in film and television works?
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