Singing the defendant infringement in the live broadcast room, can we "sing" on the Internet?

At the meeting point, recently, a game anchor sang "Borrowing Five Hundred Years of Xiangtian" during the live broadcast, and was claimed by the copyright owner to claim 100,000 yuan to "rush" hot search. What right did anchor sings in the live room? In the future, can netizens still "sing if they want to sing" in the live broadcast room and social platform? As webcast becomes the norm, how should netizens avoid relevant legal risks? Xinhua Daily · Jiaojiao reporter interviewed relevant live broadcast platforms and legal professionals.

Why does the live broadcast singing infringement?

On June 30, the game anchor nicknamed "PDD" stated in the live broadcast that he did not expect to be sued because of singing. Subsequently, "PDD" apologized for two video versions on the homepage of the three -way video platform. In the video, he said: "Earlier in the game live broadcast, he performed a song" Borrowing Five hundred Years of Xiangtian "and was sued by the copyright owner and asked to compensate 100,000 yuan. This song was very red, more than ten years ago, more than ten years ago. Household names. "He said frankly," I won't sing casually in the future, and tell everyone that the live broadcast belongs to the business category. Before singing, we must obtain the permission of the copyright owner. Tell me, I really didn't want to use it for commercial purposes, and I did not want to accumulate wealth by singing. I will actively cooperate if I need to compensate. "

Related information shows that "Xiangtian Borrowing 500 Years" was written by Fan Xiaobin, composed of Zhang Hongguang, and Han Lei. It was included in the album "Voice of the Emperor" released on December 28, 2004. The theme song of "Kangxi Dynasty" is widely known.

However, it was not Han Lei who put forward claims, but Zhang Hongguang, a copyright owner and famous composer of "Xiangtian Borrowing Five hundred Years". When he returned the incident, he said, "The amount of claims is not important. It is important to call on all sectors of society to attach great importance to the copyright of music, so that more musicians' labor payments are rewarded, and more creators create more excellent excellence work."

As the live broadcast became a trend, in order to attract popularity, anchors performed and singing in live broadcasts have become very common behaviors. Why did the defendant infringement during the live broadcast? In this regard, lawyer Li Xin, a law firm of Beijing Dacheng (Nanjing) Law Firm, introduced that Article 24 of the Copyright Law stipulates that thirteen types of works that can be used by the copyright owner without copyright owner are permitted. The performance, the performance did not charge the public, did not pay the performers, and did not take profit. " Although "PDD" sing "Xiangtian Borrowing Five Hundred Years", although it has not charged the audience of the live broadcast room, the live broadcast room itself is a profit -making occasion, which will attract the audience to reward gifts, so it will still be identified as the purpose of profit.

Li Xin emphasized that "Internet celebrities" and anchors were involved in Internet business behavior during live broadcast. In the process, they used other people's works, including songs, dance, text works (novels, etc.). The right holder pays.

The music copyright infringement of the live broadcast platform is by no means an example

Judging from the screenshot disclosed by "PDD", the copyright owner's prosecution is likely to be the Douyu platform. The Douyu staff said that the legal affairs are processed first, so that the "PDD" should not sing live. Because "PDD" is a signing anchor of Douyu. If the prosecution platform is prosecuted, the prosecutor is more likely to get compensation.

In fact, the music copyright infringement of short videos and live broadcast platforms is by no means an example. In 2017, the live broadcast platform peppercorns have long been managed by the Chinese Music Copyright Association (referred to as the "Sounds") managed by the Chinese Music Copyright Association (referred to as the "Sounds" for a long time. In 2018, the anchor "Feng Timo" was in the live broadcast. The song "Lovers' Heart" managed by the Yinxiao Association was also sentenced to infringement.

With the explosive growth of short videos and live broadcast platforms, the platform of music copyright protection should first be responsible. After all, how can users sing and sound the copyright owner on the platform?

The reporter contacted several major live broadcast platforms and found that most platforms have been focusing on solving music copyright issues in recent years. For example, Douyin and Kuaishou, known as the "explosive music manufacturing machine", are increasing cooperation with the music copyright owner. As of November 2021, Douyin has established cooperation with more than 2,000 music copyright owners. There are tens of millions of song libraries. Users can listen to full songs and short video creations. As of December 2021, Kuaishou has already been with hundreds of houses with hundreds of houses. Copyright companies reached cooperation. At the same time, these two major live broadcast platforms also increased the signing of original musicians, and paid a lot of effort in terms of content incubation and explosive modeling.

In terms of music copyright division settlement, the platform has also made certain breakthroughs. On March 22, 2021, Kuaishou officially launched a new music copyright settlement standard. For the first time, the music copyright settlement standards of the live broadcast scene were clarified, and the individual settlement of words and song copyrights was added based on the original settlement and independent musician settlement channels. This is also the first time before the implementation of the new copyright law on June 1 last year, the first Internet platform proposed that the music copyright settlement standard for short videos and live broadcasts. According to Kuaishou data, as of the third quarter of 2021, the settlement amount of copyright companies increased by 3590%year -on -year compared to 2020, an increase of 157%compared to the second quarter; corresponding to it, the use of the song company's songs also showed steady growth. Trends, compared with April, the overall use of songs increased by 119%.

Can you "sing if you want to sing" in the live broadcast room?

The "PDD" incident has attracted widespread attention online. As more and more people join the live broadcast industry, coupled with the rise of software such as short video editing, and national K songs, netizens can't help but ask: Can you still "sing" on the online platform? Li Xin said, "I really can't sing." Singing online, as long as it involves business behavior and does not belong to the category of legally used, it must be authorized by the right holder, otherwise it will constitute infringement, but it is only a matter of responsibility. However, if individuals are out of personal interests on the Internet, such as the national K song, in a small circle, it does not involve public issues, nor involves business behavior, and is reasonable. "And we see that the singing of 'PDD' in the live broadcast room can be said to have a special scene, with complete words and songs. In fact, it is not as most people think, but just sang a few words casually."

Industry insiders believe that the claims will actively promote the solution of whether the network space is compliant with the problem of compliance with the work of the work. Li Xin suggested that individuals or live broadcast platforms with profit -making purposes should do a good job of compliance management in terms of copyright. The live broadcast platform can also cooperate with the collective management organization of music copyrights, which can make the anchors more convenient and quickly obtain the copyright of the original song songs. , To avoid "stalling" lawsuits in the future; at the same time, it can better protect the relevant rights and interests of the copyright owner (author).

Xinhua Daily · Jiaojiao Reporter Liu Haiqin Deng Xiaoqi

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