Pay copyright fees to use music in the live broadcast room!How to pay?How much do you pay?

With the booming development of the live broadcast industry, the use of music -related copyright issues in the Internet has been concerned about the society. How to pay for the copyright of music in the live broadcast room? How much fees? It has always lacked specific industry standards and reference basis. On the 25th, the China Audiovisual Copyright Collective Management Association released a trial payment standard for Internet live recording products on the official website.

Article 45 of the latest revised "Copyright Law" adds the "rewarding right" of music producers: using music recording products in the webcast, not only to pay the copyright fee of the right holders of the music works, but also to the recording producer Pay the copyright fee.

The core of the discussion of the issue of "right to pay" is how to determine the standard of compensation. As a collective management organization of the Copyright Copyright Management Association, the China Audiovisual Copyright Management Association announced the payment standard for using music to the live broadcast: the subject of the paid obligations is to use recording products to use recording products Anchor and platform. In order to effectively implement it, the trial standard is facing the platform, and then the platform and the anchor are allocated.

Divide the type of live broadcast room into a live room with K song + background music, live broadcast rooms simply using background music, and e -commerce live broadcast rooms that use music. Yuan, 29 yuan; 100 yuan, 26 yuan, 10 yuan; 10,000 yuan, 2777 yuan, 980 yuan. Trial from July 25.

Country Director -General of the China Audiovisual Copyright Collective Management Association: The charging standards must consider several factors, such as our way of use of music, our dependence on music, and the anchor's own income and affordability.

Under the guidance of the State Copyright Administration, the China Audiovisual Copyright Collective Management Association and the China Audiovisual and Digital Publishing Association are the same as those of the Supreme Law, legal persons, experts and scholars, and representatives of live broadcast platforms. Rotation rate negotiation. At present, some platforms have taken the initiative to perform copyright liability and recognize the rate standards in negotiation. There are also some platforms different from the trial standards.

There are endless infringement behaviors

Internet music use requires standardization

The main application scenario on the Internet is the live broadcast of anchors. A large number of online celebrities became popular through singing and playing songs in the live broadcast. The live broadcast platform also rely on the Internet celebrity effect to gather a large number of users, but among them, the infringement of music works has emerged endlessly. The reporter found in the interview that some online anchors did not know that using music in the live broadcast room without authorization was infringement.

An anchor of an Internet platform: We are the anchor of chat. On a music software, we can find that kind of free music. With Bluetooth, isn't there a sound card, and then passed to the live broadcast room. Generally, we use music.

Guo Yanhu, a lawyer of Beijing Jingshi Law Firm: The anchors use the music works of others in the live broadcast as the background music, or directly sing their music works. This behavior is not a reasonable scope of use, but is infringement. Other anchors have even set up the live release function, so that the public can watch the video at the time and place of the individual selection and obtain the work. This behavior violates the right to spread the information network of the copyright owner. Therefore, even if we pay a certain music work as a member, we have a boundary. We cannot expand it to the scope of commercial use, otherwise it may be suspected of infringement.

Regarding the issue of music copyright charges in the live broadcast room, the interviewed online anchors also expressed their confusion.

An anchor of an Internet platform: Is this a charge for this? If it is charged, many people may not need music in the later period. I think the platform should bear copyright fees, because the platform has not been deducted half of the platform. For example, when someone brushed the gift, the platform was first deducted.

Reporter: Your point is that the platform needs to bear some of you, or even all the cost of this copyright?

Anchor of an Internet platform: I personally feel like this.

Yao Huanqing, Deputy Secretary -General of the China Intellectual Property Law Research Association and Professor of Renmin University of China: After the online platform signed the agreement with collective management agencies, the music library is open to the anchor, and the anchor can also get such a low cost. Music resources. If such a collaboration can be achieved, it may have some benefits for the development of the entire network ecology.

Improve the network audiovisual copyright system

Reasonably balance the rights and interests of all parties

According to the Statistical Report of the Development of China Internet, the number of online live users in my country reached 703 million in 2021. How to protect the legitimate rights and interests of music right holders, but also promote the booming production of Internet content. Although the trial payment standard has not yet reached a final consensus, exploration and negotiation in the industry are still ongoing.

Music copyright owners generally hold a welcome attitude towards the payment standard, and look forward to the payment method to enter the execution phase as soon as possible to solve the problem of individual rights protection.

Jiang Tao, director of the Chinese Private Performance Alliance and the head of a certain music production company: Our personal rights protection, every live broadcast room must be covered to do data collection and evidence collection. This is a long cycle. With the cost of cash, it is difficult to surpass the power protection gap. We call for this and push it into this stage of implementation.

The representative of the Internet platform stated that the current Internet platforms are very hoped that the industry will introduce standards to solve copyright -related issues. At the same time, it is expected that collective management organizations will further consider more live broadcast room types based on the two live broadcasts of pan -entertainment live rooms and e -commerce live broadcast rooms. , Further refine the corresponding payment standards. According to data released by the International Records Industry Association, in 2021, the music recording industry revenue in mainland China reached 7.1 billion yuan. According to the payment standard for trial -based on Internet live recording products, the music recording industry may increase the copyright revenue of 2.2 billion yuan. In the world, more than 140 countries around the world acknowledge the exclusive rights or rights of recording producers in broadcasting and performance. Through the mutual benefit agreement between collective management organizations, Chinese music will be protected worldwide. At the same time, China's music copyright awareness will be further improved.

Yao Huanqing, Deputy Secretary -General of the China Intellectual Property Law Research Association and Professor of Renmin University of China: We should work together to protect the rights and interests of our creators, protect the rights and interests of our consumers, and let our platform be more sound The system is constantly developing under the system. The whole society actually needs to achieve a virtuous circle in it.

Source: CCTV News Client

Responsible editor: Wang Zimo

Edit: Wu Yaqi Wang Yuanfang

- END -