In June 2010, CN Blue performed Crying Nut's "Deadly Offside" on music show Mnet "M! Countdown." The TV performance was included in a DVD released in Japan.
Last week, Crying Nut filed a 40 million won (P1.5 million) lawsuit against CN Blue and FNC Entertainment for copyright infringement.
FNC Entertainment said it was "M! Countdown" which made the request for CN Blue to perform the song
Mnet has admitted its fault and said that it paid Crying Nut last year for the use of the song. It apologized to Crying Nut and CN Blue.
FNC has also apologized to Crying Nut on behalf of CN Blue.
In a statement, FNC Entertainment said, "We would like to express our utmost regret on the recent happenings involving CN Blue. We admit without excuses that it was the agency’s fault for sending our artists to the stage without fully checking the audio files due to the urgency of a live broadcast," according to ENewsWorld.
"We would like to sincerely apologize on behalf of the members to the Crying Nut party, who has been troubled through the series of recent events. We deeply sympathize with problems that arose in this situation and promise to make sure this will not happen again in the future. However, concerning the DVD, as several new media and the broadcast station have been saying, we would like to once again state that the company did not participate in the commercial production," the agency said.
But despite the apology and compensation it got, Crying Nut will not back down and will proceed with the lawsuit.
In a statement posted on its official website, Crying Nut denied that it was using CN Blue.
"However, we heard that our song was sold while being included in a DVD in Japan and we became incredibly upset by the news. We later came across the video on Youtube and we heard our instruments and voices in the live version. They had used the AR (All Recorded) version. After we played the DVD, our pride was completely hurt, and we started to look into whether this was all right under copyright and neighboring copyright laws. After that, we took legal measures," said Crying Nut, according to ENewsWorld.
The indie band added, "But we had a thought that if this issue ends with a simple apology, it may lead to a different error and a similar damaging case may occur in the future. We also believed that if there were no legal precedents, powerless indie bands will suffer an incredibly unfair disadvantage when faced with similar cases. Also because CN Blue had a plagiarism issue with the indie band, ‘XXX’ [left blank], we needed time to prepare accurate legal measures."
Crying Nut denied that it was just creating "noise marketing" through the lawsuit.
It added that it was continuing the lawsuit "to establish a precedent so that no future musicians will be harmed."
"And the legal compensation that we will receive from CN Blue’s side, it will be deposited to our legal firm and will be used as a copyright donation to develop the indie scene," the band added.
source: manila bulletin
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