Why live singing is not infringementNot long ago, "PDD was sued for live singing" became a hot search topic. The reason was that the songwriter of "Borrow from Heaven for Another Five Hundred Years"

Why live singing is not infringementNot long ago, "PDD was sued for live singing" became a hot search topic. The reason was that the songwriter of "Borrow from Heaven for Another Five Hundred Years" he sang during the live broadcast was sued for 100,000 yuan in compensation. PDD is a game anchor on a live broadcast platform with more than 19 million fans. He said in the live broadcast: I never thought I would be sued for singing, and I will never sing again. In fact, with the development of major online platforms and the Internet celebrity economy, many anchors will sing in the live broadcast room to interact with fans. Why does PDD's singing in the live broadcast room constitute infringement? How to determine the amount of compensation for infringement? What should you pay attention to when broadcasting other people's songs to avoid infringement? With these questions in mind, reporters from the "Rule of Law Daily" recently conducted interviews. It is understood that "Borrow from Heaven for Another Five Hundred Years" is the theme song of the TV series "Kangxi Dynasty", and the copyright of the song belongs to Beijing Four Seasons Light Culture Media Co., Ltd. Why was PDD sued for infringement after humming a few lines of "Borrow Heaven for Another Five Hundred Years" during the live broadcast? Any use of another's work that does not comply with fair use or legal permission constitutes infringement. If it is purely for self-entertainment and there is no charge or disguised charge, this situation is a fair use of other people's works and does not constitute infringement. PDD's live broadcast room has tipping and other charging behaviors, and there are many fans. Its behavior should be considered as a profit-making behavior and not within the scope of fair use. "Live broadcast rooms usually have a large number of online viewers, and there is usually tipping behavior, and anchors often sing to attract fans and interact with fans. This situation generally cannot constitute a 'fair use' exemption. Unauthorized use in live broadcasts Singing other people's songs may also involve infringement of copyright and neighboring rights. Singing songs in a live broadcast is a public dissemination of works in a non-interactive manner and belongs to the broadcasting rights controlled by the current copyright law. If the permission of the songwriter is not obtained in advance, it may be infringed. Its copyright. What is "fair use"? If the work is used for personal study, research or appreciation; the published work is performed for free, without charging the public or paying the performer, and is not for profit. Regarding the singing lawsuit, PDD also responded: At present, after friendly communication with the copyright lawyer, it has obtained the understanding of the music author of "Borrowing from Heaven for Another Five Hundred Years". He appealed to all hosts and videos. Creators, in their live broadcasts and content creation, jointly focus on raising awareness of music copyright protection, respecting and protecting the legitimate rights and interests of copyright holders, and jointly maintaining the healthy and prosperous development of the music market. The reporter learned that similar live broadcasts of singing infringe music copyrights and are illegal. There have been more than one lawsuits. In 2018, a live broadcast platform was sued by the China Music Copyright Association for unauthorized singing of the song "Little Jumping Frog" during a live broadcast. With the authorization of the copyright owner, 12 anchors were sued for singing "Little Leaping Frog" on live broadcasts 59 times. In 2021, the court ruled that the live broadcast platform should compensate the copyright owner more than 40,000 yuan. With the development of the live broadcast platform, there have been many bloggers. Make a living by singing in the live broadcast room. It is reported that some live broadcast platforms will provide music libraries to the anchors. The songs in the music libraries are all authorized, and the platforms will regularly pay fees to the recording association. Therefore, the anchors sing the songs in the platform music library. There will be no infringement issues. Once there is an infringement issue, how to determine the amount of compensation? Zhao Zhanzhan told reporters that the standard for copyright compensation is first the plaintiff’s actual losses, and secondly the defendant’s infringement income. If the first two cannot be proved, the court will The decision will be made based on factors such as the infringer's subjective fault, the duration of the infringement, and the scope of the infringement. "The characteristic and general trend of revisions to my country's copyright and intellectual property laws in recent years is to significantly increase the amount of compensation, and the statutory compensation amount has been increased from the original amount. The maximum amount of 500,000 yuan has been increased tenfold." Professor Feng Xiaoqing, director of the Institute of Intellectual Property Law of China University of Political Science and Law, said that the specific amount of compensation must take into account the specific losses caused by the infringement, the existing interests of the infringer, and the permission of the copyright owner. Contractual licensing fees, subjective malice of infringers and other factors. Regarding how to increase the emphasis on music copyright and create an ecological environment that respects intellectual property rights, Feng Xiaoqing suggested that live broadcast platforms should pay attention to raising copyright awareness and forming a positive cooperation mechanism. "The key to establishing a good cooperative relationship between copyright owners and live broadcast platforms is to solve the authorization problem. There are several ways. First, major live broadcasts can cooperate with the China Music Copyright Association. A large number of song authorizations have been registered under the Music Copyright Association. Platforms can reduce legal risks by cooperating with them; second, they can directly cooperate with song rights holders or agents and brokerage companies. , get in touch with the management company and obtain authorization. "