Chapter 222: The Perfect Counter-Kill in the Courtroom
Looking at Zhuo Wei who was leaving, Jiang Yan was so angry that he trembled.
Xiao Muyu next to him hurriedly persuaded him: "Chairman, don't be angry, we don't need the evidence, didn't you say that you will definitely not lose the bet." ”
Jiang Yanqiang smiled and said, "Hmph, let this bastard be stunned for a few days, and I will clean him up sooner or later." ”
"Hee-hee, Zhuo Wei is definitely not your opponent, chairman. Let's not talk about him, tomorrow we will sue Qin Yan for plagiarism, and I can't let go of my hanging heart, after all, both songs were written by Qin Yan, and the public opinion on the Internet is ......"
Xiao Muyu looked worried, and Jiang Yan was distressed when he saw it.
He suddenly felt that he had failed a little, which made Xiao Yu'er worried.
"Xiao Yu'er, I promise to win this case, I already have the best lawyer team in the industry, and besides, how to hold all the copyrights of "Dislocation Time and Space", so Qin Yan will definitely not win. As for online public opinion, don't worry, I have found the best water army team in the industry to smear Qin Yan for having no legal awareness and plagiarizing the songs he sold, and those stupid netizens were fooled by us, and they definitely felt that it was Qin Yan's fault. Jiang Yan said.
Xiao Muyu listened to Jiang Yan's words and nodded, but he always felt a little unsteady in his heart.
Because Qin Yan's reaction was too calm at the moment, she didn't show even the slightest bit of angry thoughts at all, and Xiao Muyu asked herself if she still knew something about Qin Yan, she always felt that Qin Yan still had some hole cards.
"Chairman, it's good that you're sure, maybe I'm thinking too much." Xiao Muyu said in a low voice.
"Haha, it must be Xiaoyu'er that you think too much."
Jiang Yan skipped the topic with a smile, and the two chatted about other things.
……
Today is the day of the trial of the "Qin Yan plagiarism" case, and many reporters have been guarding the door of the courtroom early in the morning.
Qin Yan and Yu Fei arrived on time wearing hats and masks, and the two ignored the reporter's questions and walked over directly.
A moment later, the legal team of Shengtian Entertainment also came over with several gold medal lawyers.
The gang made a lot of nonsense to the reporters, saying that they would definitely win the lawsuit.
There were not many people in the courtroom, and no media reporters were allowed in except for personnel from both sides.
But it doesn't matter, because this lawsuit is only broadcast live to the outside world, so netizens across the country can watch it through the official website of the Yanjing Municipal People's Court.
Qin Yan sat in the dock, while Yu Fei sat in the hearing seat.
Interestingly, the young woman wearing a professional uniform next to Qin Yan turned out to be Qiu Ning.
Yesterday, when she learned that Qin Yan had hired a lawyer in a lawsuit, Qiu Ning reported that she had a double degree in economics and law, and had obtained a lawyer's license, and was willing to be Qin Yan's lawyer.
Qin Yan hesitated and agreed.
Qiu Ning was kind, and he was embarrassed to refuse, and besides, he was 100% sure of winning the lawsuit, so it didn't matter who would be his lawyer.
When the time came, the judge announced the opening of the trial.
In the attention of thousands of netizens, the lawyer representing Shengtian Entertainment took the lead in stating the truth of the matter and put forward his own demands:
1. Qin Yan made a written apology to Shengtian Entertainment and Miss Xiao Muyu on the infringement issue, and published it on the Internet platform;
2. No one shall sing the song "I Heard You in the Distance" on any commercial occasion in the future, unless Qin Yan modifies the lyrics suspected of plagiarism in the song;
3. Qin Yan compensated Shengtian Entertainment and Miss Xiao Muyu with a one-time compensation of 1 million yuan for the infringement issue.
After Shengtian's lawyer finished his appeal, he began to provide evidence to the judge, including the copyright certificate of the song "Misplaced Time", as well as the comparative analysis of the suspected songs.
The judge and the presiding judge looked at the evidence presented by the audio entertainment in turn, and then exchanged with each other, and the general result was already obtained.
It can't be regarded as complete plagiarism, but the two lyrics are really too similar, so the final verdict must be biased in favor of the Holy Heaven.
However, the judge also felt that Qin Yan was a little wronged, after all, the two songs were written by him.
But the law is the law, and since Qin Yan has sold his songs to the plaintiff for the purpose of seeking economic benefits, the songs he wrote no longer belong to him.
"Defendant, we have verified the evidence provided by the plaintiff, and it can be judged that you are suspected of plagiarism, do you have anything else to add?" The judge asked.
The netizens who watched the live broadcast were surprised when they heard the judge say this, obviously they didn't expect Shengtian to be so well prepared, and Qin Yan was about to lose at the beginning.
It's just that Qin Yan will admit defeat obediently like this?
This is obviously impossible.
"Your Excellency, I have a different opinion, and I will ask my lawyer to present evidence to refute the plaintiff." Qin Yan said.
The judge nodded: "Approve the defendant's claim." ”
Qiu Ning, who had a calm face, got up and said in a clear manner: "The judge leads people, and we have different opinions on the charges mentioned by the plaintiff. Although the plaintiff provided various evidence, including the copyright certificate, the plaintiff could ignore one of the most important factors, and that was time! ”
Time?
The judge was puzzled, and the majority of netizens were also puzzled, and they didn't understand why Qiu Ning mentioned the word time.
"Lawyer for the defendant, please proceed with your statement." Judges.
"Yes."
Qiu Ning said confidently: "How to determine plagiarism, one of the most important basic elements is the timeline, that is to say, the time when "Dislocation Time and Space" appeared must be before the defendant's "I Heard You Are Far Away", and I think the plaintiff's evidence is not enough to prove this. ”
The judge listened to Qiu Ning's words and looked through the evidence provided by Shengtian Entertainment again, but Shengtian's lawyer was in a hurry.
"Lawyer for the defendant, I disagree with you. Our evidence has a clear timeline, "Wrong Time and Space" was released in September last year, and "I Heard You Are Far Away" is in April today, so the timeline we provide is very clear and there are no doubts! Shengtian's lawyer said.
The judge also frowned, after all, this was the first time they had heard a case over the copyright of a song.
"Defendant lawyer, any plaintiff's evidence in the adjudication panel, please continue to state your case." The judge spoke.
Qiu Ning smiled at the moment.
"Your Excellency, I would like to state one important point here, that is, the time when a song appears is not the time when the song is sung and published by the singer, but the time when the composer writes the song and registers the copyright. Qiu Ning said.
As soon as she threw out this idea, the legal department of Shengtian was all panicked.
Worst!
It's a mistake.
On my side, I think that the songs released first must have been written first, but now looking at the attitude of this beautiful female lawyer, I'm afraid that which of the two songs will be written first is not certain.
Netizens were also stunned, some smart people have sensitively discovered the problem.
The presiding judge thought about it and agreed with Qiu Ning's statement.
"This court agrees with the defendant's lawyer that the order in which the songs appear should be based on the time when the copyright of the songs was registered. Can you provide relevant evidence? The presiding judge said.
"We can."
Qiu Ning took out two documents from her bag and submitted them, which are copies of Qin Yan's personal homepage on the copyright network, which clearly indicate the copyright registration time of the two songs.
"Dislocation Time": 21:26 on September 11.
"I heard that there is you in the distance": 20:17 on September 11.
The presiding judge projected the documents provided by Qiu Ning, and then the legal department of Shengtian Entertainment was dumbfounded.
it!
How so!
Netizens were also shocked.
The two songs turned out to be copyrighted on the same day, and the time difference was less than an hour.
What's more, the registration time for "I Heard That There Is You Far Away" is before "Dislocation Time and Space"!
In this way, the fact that Shengtian sued Qin Yan for plagiarism is not valid at all.
The presiding judge also made a decision at this moment, and announced in court: "According to the ......, this court's judgment is as follows: Shengtian Entertainment sued Qin Yan for the infringement of the song "I Heard You in the Distance", the facts are not established, and all the plaintiff's claims are rejected, please ask whether the plaintiff agrees with the judgment of this court." ”
The legal team of Shengtian Entertainment is like ashes, how can there be any reason to disagree.
They really miscalculated this time, because the registration time of the song copyright could not be seen except for Qin Yan himself, and they self-righteously ignored this key factor, so they lost this lawsuit without complaining.
It's just conceivable that when I return to the company, I'm afraid that some people in the legal department will be fired by the chairman.
"Lawyer for the defendant, do you agree with this court's decision?" The presiding judge asked again.
"We agree with the verdict."
Qiu Ning had no objection to the result, but her next words stunned everyone.
"Judge Sir, the defendant's act of disregarding the truth and pouring dirty water on my client by reversing black and white has been established, and according to the evidence provided by us, it can be determined that the song "Dislocation of Time and Space" plagiarized "I Heard You Are in the Distance", so on behalf of my client, I should propose the following compensation plan:
1. Shengtian Entertainment and Ms. Xiao Muyu made a written apology to Mr. Qin Yan on the infringement issue, and announced it on the Internet platform;
2. No one shall sing the song "Dislocation of Time and Space" on any occasion of commercial interest in the future, unless Mr. Qin Yan himself modifies the lyrics suspected of plagiarism in the song;
3. Shengtian Entertainment and Miss Xiao Muyu compensated Shengtian Entertainment and Miss Xiao Muyu for a one-time compensation of 1 million yuan for the infringement issue. ”
When Qiu Ning said this, the legal department and the lawyer of Shengtian Entertainment were all stunned.
And netizens who watched the live broadcast laughed directly.
Burst!
This girl is so ruthless, she really takes turns in feng shui, she actually returned the conditions proposed by sound entertainment word for word.
This is really the way of others to govern others.
Haha, that's so relieving.