"Random" to cover other people's songs or cause infringement disputes?"Administrative right" to understand

Recently, a well -known game anchor has caused infringement disputes due to singing other people's works during the live broadcast. In this era of Internet with "communication", in addition to "copyright", "neighbor rights" that are closely related to copyrights also need Get more attention from netizens.

【hot topic】

Singing other people's works in the live broadcast causes infringement disputes

Recently, a well -known game anchor has attracted everyone's attention for the infringing dispute caused by singing "Xiangtian's Bet Again 5 Hundred Years" during the live broadcast, and then passed the friendly communication with the lawyer of the Copyright Fang. Essence

The well -known game anchor said on Weibo and said on Weibo, "After experiencing this incident, I call on all anchors and video creators to pay attention to improving the awareness of the protection of music copyright protection, respecting and protecting the legitimate rights and interests of the copyright party in the live broadcast and content creation. , Commonly maintaining the healthy and prosperous development of the music market. "The statement of the song and writer of" Xiangtian Borrowing Five Hundred Years "mentioned," We have the endless dedication of the creators. The inexhaustible wealth protects their rights from infringement is to protect our common spiritual wealth. This is also everyone's common responsibility and responsibility. "

The reporter noticed that in recent years, Kirin Child Company, who has enjoyed the copyright of the song "Little Dance Frog", complained the Douyu platform to the Beijing Internet Court. There are dozens of anchors singing the song "Little Jumping Frog". In the end, the court judged the Douyu platform in the first instance that the Douyu platform constituted a common infringement and compensated the plaintiff's economic loss of nearly 40,000 yuan.

According to Yan Jun, a judge of the comprehensive trial of the Beijing Internet Court at that time, generally, in the case of the work in the sense of copyright law, it is necessary to obtain the consent and authorization of others to use it.

With the popularity of the Internet and the increasingly prosperous self -media industry, many online singers have marched from the "original" field to the "cover" field, and they have re -interpreted the once -popular golden songs in their own style. However, compared to the "copyright" of protecting works, many people know very little about the concept of "neighborhood".

【Expert Voice】

The right of "adjacent rights" to protect the propagators in the process of communication

Is the "right of the communication" be protected? First of all, start with the concept of "neighbor right". Wang Yinghang, a special researcher at the School of Law School of South China Normal University and a master's scholar, told reporters that "the right of adjacent rights" is also called "the right related to copyright". The right to enjoy. "For example, performers have exclusive rights to their performance activities, recording recording, recording and recording, and radio organizations to the program signals broadcast on their broadcast."

It is understood that the term "neighbor right" is translated by the English "Neighboring Right". As the name suggests, it is the right to be adjacent to the copyright. It can be said that adjacent rights are closely related to copyright and independent of copyright. So what are the differences between the two before?

According to Wang Yinghang, the differences and differences between adjacent rights and copyright are mainly reflected in the "object". On the one hand, there is a certain connection between the object of neighboring rights (performance activities, recording products, broadcast programs) and copyright -"works". On the other hand, the essential difference between adjacent rights and copyright is the difference in objects. "The object of copyright is the work, which refers to the intellectual achievements that are original and can be expressed in the field of literature, art, and science; while the object of the receiving right does not meet the originality of the copyright law, it belongs to other works other than the work. The result of labor. "

"Performers" must not infringe the copyright of the cover of the cover

For people of any age, there will always be a few "golden songs" belonging to their own era. Today, with the popularity of the Internet K song platform, "cover" has become a way of leisure and entertainment and even self -display. As a "cover", in addition to understanding the "adjacent rights" about the spread of the work, we must also pay attention to the "copyright" of the cover of the cover of the cover.

Wang Yinghang told reporters that "cover" as performers who performed the work, and generally enjoyed the performers in the "neighborhood". Regardless of whether the work has been adapted, whether it has exceeded the copyright protection period, and whether the cover of the cover of the work of the copyright owner's actor's right to perform the right to perform the right to perform, the cover of the cowerry must enjoy the right of performers, but it must be above a prerequisite -must not infringe the cover of the cover of the cover of the cover Copyright.

In other words, the "cover" uploading his own cover works need to get the permission of the copyright owner, and the relevant platform needs to reach an agreement with the music company. And if a third party wants to upload the "cover" cover performance to the Internet, it also needs to pass the "cover" permit. Otherwise, it is possible to infringe the right of information network communication (one of the copyright of the work) of the copyright owner (one of the copyright of the work), but also infringe on the right of information network dissemination (one of the performers).

Of course, there will be "exceptions" in the situation of duty performances. Wang Yinghang added to explain that if the "cover" performed to complete the task of this performance unit, in general, the "property rights" in the "performer" will be attributed to the performance unit. "At this time, the cover of the cover himself does not enjoy the right of performers other than the right of" showing performers' identity 'and' protecting the image of the performance. "[Professional Q & A]

Question: As a "cover", is all music works allow "re -interpretation"?

Answer: Because the copyright owner enjoys the right to perform his works, when the "cover" publicly performs other people's music works, in addition to the free performances that are reasonable, they should also pass the permission of the words and songwriters. The aforementioned "Free Performance", according to Article 24 of the Copyright Law, refers to "free performances have been published. The act of profit, and the relevant behavior should indicate the author's name or name, and the name of the work, and must not affect the normal use of the work, and to reasonably damage the legitimate rights and interests of the copyright owner. "

Question: What are the places to pay attention to the type of work and use?

Answer: If the cover involves the modification of lyrics or tunes, regardless of whether it is part or all changes, without permission of the copyright owner, it will also involve the infringement of the right to modify the right to modify, protect the complete rights of the work, or even adapt the right level. Therefore, before the "re -interpretation" of the works of others, the "cover" needs to pay attention to the content of the copyright owner's rights, and obtain the permission of the copyright owner or the relevant collective management organization (such as the sound association and the sound set) for the corresponding behavior.

Question: Can the onlookers be shot at will for the "La Guangxiu" of the street performers?

Answer: The onlookers 'behavior of the onlookers' shooting and public dissemination of the video constitutes infringement. On the one hand, the behavior violates the first fixing right of street performers and the right to spread the information network, that is, the right to "license the recording and video of others and get compensation" and "permits others to spread their performances to the public through the information network, and get paid". On the other hand, it may also infringe on the right to disseminate or broadcast rights of the song lyrics and authors. Therefore, we should focus on the provisions of Article 10, Paragraph 5, 12, and Article 3 of Article 10, Paragraph 4, and Paragraph 6 of the Copymanship and Performance Rights of China. Before the performance, the permission of the performer, the song lyrics, and the song author paid it to him.

Text/Guangzhou Daily · Xinhuacheng Reporter: Huang Lan Correspondent: Wei Jiajia Tu/Vision China Guangzhou Daily · Xinhuacheng Editor: Su Shiqian

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