Music is an indispensable melody in life. It brings us joy, comfort, and strength, and it also stimulates our creativity and imagination. However, are you aware that improper use of music may violate the law and even lead to infringement disputes? Today, let's delve into the world of music infringement to understand how to identify and avoid such actions, ensuring that our musical journey is legal and compliant while also safeguarding the intellectual achievements of creators.
I. High-Risk Areas of Music Infringement: Infringements You May Not Know
(1) Unauthorized Covering: Tribute or Infringement?
Covering is a common form of music creation. Many singers gain attention by covering classic songs as a way to pay tribute to the originals. However, unauthorized covering can constitute infringement.
Case Story: Xiao Li is an online singer who loves a particular hit song and decides to cover it and upload it to his social media account. Unexpectedly, the video goes viral, garnering millions of views. However, the original author discovers this and takes Xiao Li to court. The court ultimately rules that Xiao Li must cease the infringement, remove the video, and compensate the original author for economic losses.
Reflection: Why did Xiao Li's covering behavior constitute infringement? According to China's "Copyright Law," songwriters and composers hold copyright over their musical works, including the right of performance among other rights. Unauthorized covering may infringe upon the original author's right of performance. If the cover is used for commercial purposes, it may also infringe upon the original author's rights of reproduction and distribution.
(2) Unauthorized Adaptation: Innovation or Infringement?
Adaptation is the process of creating a new version of a musical work. While adapted music can breathe new life into the original work, it must be done within the bounds of the law.
Case Story: A music production team adapted a classic folk song by adding a significant amount of electronic music elements, turning it into an entirely new song. They believed this to be an innovation, but the original author felt that this adaptation changed the style and presentation of the original work, damaging his reputation. Ultimately, the court ruled that the team must cease the infringement, remove the adapted work, and compensate the original author for economic losses.
Reflection: Why can adaptation also constitute infringement? Unauthorized adaptation may infringe upon the original author's right of adaptation. Adaptation requires explicit authorization from the original author; otherwise, it may be considered infringement.
(3) Unauthorized Use of Background Music: Caution in Commercial Use
The use of background music is widespread in commercial venues, advertisements, and video production. However, many people overlook copyright issues when using background music.
Case Story: A restaurant played a popular pop song as background music without permission. The original author discovered this and took the restaurant to court. The court ruled that the restaurant must cease the infringement and compensate the original author for economic losses. The restaurant owner stated that he was unaware that playing background music required authorization until he received a court summons, at which point he realized the seriousness of the issue.
Reflection: Why does playing background music in a commercial venue constitute infringement? Unauthorized use of background music may infringe upon the music work's rights of reproduction, performance, and communication through information networks. Commercial use requires corresponding authorization; otherwise, it may pose legal risks.
(4) Unauthorized Downloading and Distribution: The Internet Is Not Beyond the Law
With the development of the internet, the dissemination of music has become more convenient. However, unauthorized downloading and distribution severely infringe upon the copyright of musical works.
Case Story: An internet user downloaded an unauthorized music work through illegal channels and stored it on his computer. He also uploaded the song to a cloud storage service and shared it with others for download. Eventually, the user was taken to court by the original author. The court ruled that he must cease the infringement, delete the illegally downloaded music, and compensate the original author for economic losses.
Reflection: Why does unauthorized downloading and distribution constitute infringement? Unauthorized downloading of music may infringe upon the music work's right of reproduction. Unauthorized distribution of music may infringe upon the music work's right of communication through information networks. The internet is not beyond the law, and unauthorized downloading and distribution are subject to legal responsibility.
II. The "Magnifying Glass" of Infringement Identification: How to Determine Whether an Action Is Infringing
(1) Check Copyright Information: Find the "Identity Card" of Music
Before using a music work, it is essential to check its copyright information. Legitimate music works usually indicate copyright information on the album cover, lyric booklet, or introduction page of an online platform, including details such as the songwriter, composer, performer, and copyright owner.
Operation Guide: When you want to use a particular song, first check its copyright information. For example, you can view the detailed information of the song on a music platform or look for the copyright owner's name on the album cover. If the copyright information is unclear, it is advisable not to use the work.
(2) Understand Authorization Status: Ensure Use Is Within Authorized Limits
When using a music work, it is also necessary to understand its authorization status. Music work authorization typically comes in two forms: exclusive and non-exclusive. Exclusive authorization means that the copyright owner grants one specific entity the exclusive right to use the music work for a certain period, during which the entity has the sole right to use the music work. Non-exclusive authorization means that the copyright owner grants multiple entities the right to use the music work for a certain period, during which all entities can use the music work.
Operation Guide: If you need to use a song for commercial purposes, such as using background music in an advertisement, it is recommended to directly contact the copyright owner or obtain authorization through a music copyright management organization. Many music platforms also offer legitimate music authorization services, through which you can obtain legal authorization.
(3) Assess the Use Scenario: The Boundary Between Private and Commercial Use
Different use scenarios have different copyright requirements for music works. In private settings, such as family gatherings or personal appreciation, music works can usually be used freely, but they should not be used for commercial purposes. In commercial settings, such as restaurants, bars, shopping malls, advertisements, and video production, using music works requires corresponding authorization.
Operation Guide: If you use music works in a commercial setting, such as playing background music in a restaurant or using music in an advertisement, you must ensure that you have obtained the corresponding authorization. Otherwise, you may face legal risks.
(4) Pay Attention to Legal Provisions: Understand Your Rights and Obligations
China's "Copyright Law" clearly stipulates the protection of copyright for music works. When using music works, it is important to pay attention to relevant legal provisions and understand your rights and obligations.
Operation Guide: You can learn about the provisions of the "Copyright Law" through legal websites, legal public accounts, and other means. For example, did you know that using someone else's music work for performance, reproduction, distribution, and communication through information networks all require authorization from the original author and payment of corresponding remuneration?
