A Famous Singer Claims Back the Copyrights to His Music Works

The famous Taiwanese singer and songwriter, Chyi Chin successfully takes back his copyrights for 27 songs as a copyright holder from Universal Music Publishing Group (hereinafter “Universal Music”) in a copyright action he initiated against Universal Music.

Chyi Chin indicated that most of these 27 songs in dispute were created by himself alone or with other people during the period of 1985 and 1986, and he simply authorized his employer at that time, Zong Yi Co., Ltd. (綜一股份有限公司) the right to record, rather than the right to perform and to broadcast these copyrighted songs altogether.  Even though Zong Yi Co., Ltd. (綜一股份有限公司) no longer exists after PolyGram had successfully acquired Zong Yi Co., Ltd. and then merged with Universal Music, Chyi Chin acting upon the foregoing facts still initiated the action against Universal Music to claim back his copyrights. 

On the other hand, Universal Music asserted that in 1985 and 1986, Zong Yi Co., Ltd. hired Chyi Chin to create these songs in dispute under commission, and therefore, legally obtained both the copyrights for the lyrics and melody of these songs and the also recording copyrights thereof.  According to Universal Music, since Chyi Chin’s failure in trying to claim back the alleged rights in the past twenty years makes it apparent that he has also realized that the alleged copyrights have been automatically transferred to Universal Music and Universal Music has also acquired the copyrights to these songs by prescription.  Now, Chyi Chin is violating the legal stability by initiating this action

According to the Taiwan Supreme Court judgment, Taiwan copyright regime has been amended and reformed.  Now, a copyrightable work is eligible for copyright protection upon creation, instead of registration, of the work.  Universal Music, which alleges to hold the copyrights for these songs in dispute, has to produce evidence of any kind that is able to prove its allegation.  As legally required, Universal Music indeed has presented the documents substantiating Chyi Chin’s creation of these songs under Zong Yi Co., Ltd.’s commission and also copyright transfer certificates.  However, these certificates and documents bear several forms of signatures and impression of seals with none of them being able to be identified as the one truly signed by Chyi Chin himself for transferring the copyrights. 

The judgment also pointed out that Universal Music’s allegation with respect to their acquiring and holding the copyrights for these songs by possessing them for a statutory period of time goes against and by no means outweigh the legislation purpose of the Taiwan Copyright Act to protect the authors’ rights and interests, balance different interests for the common goods of the society, and further to promote the development of national culture.  The Supreme Court judgment also addressed in the judgment that Article 772 of Taiwan Civil Act is not applicable to copyrights and Universal Music’s allegations and arguments in regard to their acquisition of copyrights in and to these songs by prescription in accordance with Article 768, Article 768-1, Article 772, and Article 966 of the Taiwan Civil Act are not tenable.  Therefore, the Supreme Court determined in favor of Chyi Chin and dismissed Universal Music’s appeal.  (January 2014)
 /CCS