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Legal
Baidu lose lyric lawsuit
By CMU Editorial | Published on Wednesday 24 February 2010
Chinese search engine Baidu – always unpopular with music industry types because of its MP3 search function which links to all sorts of illegal content – has lost a music lawsuit in the Beijing courts, which makes a change, the International Federation Of The Phonographic Industry having had little success in its various efforts to sue the search firm.
The new case centred on lyrics to songs that Baidu posts next to its MP3 search function. It was sued by the Music Copyright Society Of China, which said the search firm did not have the appropriate licence to publish song lyrics owned by its members. The Beijing People’s Court for the Haidian District agreed and fined Baidu, albeit a relatively small amount, 50,000 yuan plus 10,000 yaun legal costs (so just over £5500).
Some might wonder if this finding might set a precedent that would help in future IFPI efforts to sue Baidu over the MP3 search functionality itself. However, it seems unlikely, mainly because Baidu’s usually successful defence – that it just provides links and can’t be liable if said links go to unlicensed content – didn’t apply in this case, as it was actually publishing the lyrics on its own site, not just linking to them. Some commentators reckon the fact the lawsuit was pursued by a Chinese organisation, rather than a Western-based outfit like IFPI, also helped.
Meanwhile, Baidu plans to appeal.
