AutoBeta(AutoBeta.net)11/04 Report--

Volvo has been accused of infringement, sparking heated debate in the market. GALA posted a letter from a lawyer on its Weibo on Oct. 18. According to the lawyer's letter, Volvo stole GALA's song "Young Fro You" intact in an advertisement released on May 4th Youth Day, but the use of the song was not authorized by GALA. GALA said the lawyer contacted Volvo soon after the infringement, hoping to make a serious apology to the band but was rejected, but when the lawyer approached Volvo, Volvo admitted the infringement. When the lawyer further asked for an apology, Volvo refused directly and then ignored the band GALA.

According to public information, GALA is a mainland Chinese rock band founded in January 2004. it is composed of Su duo, Shi Liang, Su Yila and Yu Zheng. The English album "Young for you" was released in March 2004. the song of the same name is the work infringed by this Volvo advertisement.

After not receiving a response from Volvo many times, GALA repeatedly mentioned Volvo brand spokesman Luo Yonghao: "the former teacher Luo Yonghao supported musicians to speak bravely, and now the brand he endorses infringes our music copyright. It is a pity that we have not received a response from the teacher so far."

On the evening of November 3, Volvo's official Weibo posted an apology for the "infringement of GALA songs". Volvo says Volvo has always respected originality and intellectual property rights. Previously, due to mistakes in the work of the agency and poor supervision by Volvo, we sincerely apologize for the infringement of a piece of music by GALA. Volvo has immediately removed the infringing content from the shelves and actively promoted the investigation and handling of the incident. At present, we are actively communicating with the copyright owner to find a proper solution. At the same time, Volvo will also strengthen the management of intellectual property rights, improve the review process, respect and treat every creative and painstaking work in the future.

At the same time, the agency Langzhi Media also issued a letter of apology: the short video of the 23-second model of "your enthusiasm and surging, guarded by me" produced by our company was posted on Volvo's official Douyin account. After that, we learned that the short video soundtrack "YOUNG FOR YOU" was suspected of infringement without the authorization of the GALA band, and we are very sorry for this. Here, with regard to the major omissions caused by the omissions in the work of this incident, we sincerely apologize to the musicians, the original singer GALA and the relevant rights parties, and accept all the terms of compensation involved in the infringement, hoping to be properly resolved. In the future, our company will enhance the staff's awareness of respecting and protecting other people's intellectual property rights, strengthen internal management, avoid similar incidents, and will be more strict with every communication carrier and committed to providing high-quality original works.

However, regarding the part of Lang Zhi Media's apology letter that said, "We express our sincere apologies to the audio content author GALA," the GALA band said, "We are not audio content writers, we are the original singers of the song, we are musicians! You are the author of audio content, and you all know that you are the author of audio content! "

Article 26 of the copyright Law stipulates that the use of a work of another person shall enter into a licensing contract with the copyright owner, except where the law provides that it may not be licensed (that is, in the case of statutory license). The use of music works for commercial purposes such as advertisements is not the statutory license stipulated in the copyright Law, and the authorization license of the relevant right holders shall be obtained. As far as musical works are concerned, licensing refers to the content that songwriters or relevant right holders (such as performers and producers of sound recordings) agree to the paid or free use of copyright or neighboring rights enjoyed by others within a specific period of time and geographical scope. In other words, before using background music for publicity, enterprises should first obtain the legal authorization of the music work.

Industry experts mentioned that car brands and Taiwan usually choose to use an ex post review mechanism to rectify and apologize after problems occur to eliminate the impact, while a more effective way of supervision is process control, which requires enterprises to intervene in the whole creative process and have a thorough grasp of the context of each creative source.

According to Tianyan check, Volvo Automobile sales (Shanghai) Co., Ltd. was established in August 2008 and is wholly owned by Volvo Automobile (China) Investment Co., Ltd. In October this year, the company was fined 20,000 yuan by the Shanghai Municipal Market Supervision Administration for using the Olympic logo in advertising, commercial exhibitions, commercial performances and other commercial activities.

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