1. Whether the adapted song infringes copyright
1. According to my country’s Copyright Law stipulates that if you adapt a song and publish the song or perform it publicly without the consent of the copyright owner, it will infringe the copyright.
2. Legal provisions: "Copyright Law of the People's Republic of China"
Forty-seventh Article 1 Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Without copyright Publish the work without the permission of the other person;
(2) Publish the work created in collaboration with others as a work created alone without the permission of the co-author ;
(3) Without participating in the creation, for the purpose of seeking personal fame and fortune, signing someone else's work;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6) Without the permission of the copyright owner, use the work for exhibitions, making movies, or using methods similar to making movies, or using the works by adapting, translating, annotating, etc., except as otherwise provided for in this law ;
(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Anyone who rents out his or her works or audio or video products without the permission of the copyright holder of a film work or a work created using a method similar to filmmaking, computer software, or audio or video recordings, or the copyright-related rights holder shall also be subject to this Law.Except where specified;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(10) Live broadcast or publicly transmit his or her live performance, or record his or her performance without the performer's permission;
(11) Other acts that infringe upon copyright and copyright-related rights and interests.
2. Civil liability for copyright infringement What are the civil liabilities for copyright infringement?
Civil liability for copyright infringement refers to the illegal act of infringing the copyright of others by relying on state coercion in accordance with the provisions of the Copyright Law and the General Principles of Civil Law. The perpetrator bears legal liability for the purpose of making up for and compensating for infringement damage. The forms of civil liability for copyright infringement include the following:
(1) Stop the infringement. Stopping infringement means that the perpetrator is committing copyright infringement, and the rights holder has the right to request the court to order the perpetrator to immediately stop his illegal behavior.
(2) Eliminate the impact and publicly apologize. This form of civil liability mainly applies to damage to the personal rights of copyrights. The scope of the impact of elimination is generally consistent with the scope of the impact of infringement. A public apology can be made orally, in writing, or by publishing an apology statement in a newspaper or periodical, and the scope should be commensurate with the extent of the infringement. Typically, elimination of impact is combined with apology.
(3) Compensation for losses. Mainly applicable to infringement of copyright property rights. However, for damage to the personal rights of a copyright, if other forms of civil liability are insufficient to redress the damage to the right holder and punish the wrongdoer, the form of civil liability for compensation may also be applied. The scope of compensation is generally based on the actual losses suffered by the right holder, and the wrongdoer must compensate the right holder in full for the losses suffered. When the loss suffered by the right holder is difficult to calculate, the infringer's illegal gains may also be compensated as the right holder's loss amount.
The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of my country’s copyright law, songs should be adapted and published without the consent of the copyright owner. Songs or public performances will infringe copyright. If you need legal adviceHelp, welcome to Legal Savior Network for legal consultation.