Does it constitute infringement if you add other people's music as background music to your own videos?
To know whether there is infringement, you should first know what copyrights exist in the musical work.
Generally speaking, the intellectual property rights of musical works include Copyright and related rights.
(1) Copyright
The person who creates the musical work is the copyright owner, including the lyricist and composer.
Copyright includes the following personal rights and property rights:
1. The right of publication, that is, the right to decide whether the work will be made public;
2. Once a musical work is created, the author enjoys the copyright, regardless of whether it has been published; the author has the right to decide whether to publish it.
3. The right of signature, that is, the right to indicate the identity of the author and sign the work;
4. Right of modification, that is, the right to modify or authorize others to modify the work;
5. Protect the integrity of the work, that is, protect the integrity of the work. The right to be distorted or tampered with;
6. Copying The right, that is, the right to make one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, remaking, etc.;
7. Distribution right, that is, the right to provide originals or copies of works to the public by sale or donation;
8. Performance rights, that is, publicly performing works and making them public through various means The right to broadcast the performance of the work;
9. Broadcasting Rights, that is, publicly broadcasting or disseminating works by wireless means, disseminating broadcast works to the public by wired transmission or rebroadcasting, and transmitting symbols, sounds, images through loudspeakers or other similar devices.the right to communicate broadcast works to the public;
10. The right of information network dissemination, that is, the right to provide works to the public through wired or wireless means, so that the public can obtain the works at a time and place of their own choosing.
(2) Neighboring rights
Neighboring rights literally mean rights adjacent to copyright, in essence Refers to the rights enjoyed by the disseminator of the work when disseminating the work. The acquisition of neighboring rights is predicated on the authorization of the copyright owner and the reuse of the work. For musical works, neighboring rights holders mainly include performers and audio and video producers. In the context of the popularity of music network communication, network information disseminators should also be added.
Adding background music mainly involves performance rights
Performances include both live performances and mechanical performances. The former refers to the act of performers performing works to a live audience, such as playing music, singing songs, etc.; the latter refers to the act of disseminating recorded performances to the public using material carriers such as records and CDs, such as shopping malls, hotels, Background music is played in public places such as airplanes and trains.
Specifically, background music was added after the video was shot, which falls into the category of mechanical performance. According to the provisions of the law, performing a published work for free without charging the public or paying the performer is a fair use of the work and does not require the copyright owner's permission or payment of remuneration. However, the name of the author and the title of the work should be specified, and other rights enjoyed by the copyright owner in accordance with this law should not be infringed.
In other words, the video after adding background music, Public release, etc. are free and do not constitute infringement. However, if there is a fee, or fees are charged directly or indirectly by publishing paid advertisements, etc., it is an infringement and you need to bear legal liability for infringement of intellectual property rights.
The above is what the editor of Hualu compiled for you Regarding knowledge, if you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a Legal Savior Network lawyer to help you get out of your legal dilemma.
