1. Whether live singing infringes copyright
1. Online anchors are performing live broadcasts If you sing during the session, you will receive rewards in various forms, so it is a paid performance and cannot constitute fair use. Without the permission of the copyright owner, it will constitute copyright infringement.
2. Legal provisions: "Copyright Law of the People's Republic of China"
Forty-eight Article 1 Anyone who commits the following infringement acts shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; if the public interest is harmed at the same time, the copyright administrative department may order the infringement act to cease, confiscate the illegal gains, and confiscate, Infringing copies may be destroyed and a fine may be imposed; in serious cases, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Copying, distributing, performing, screening, broadcasting, compiling, or disseminating the work to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this law ;(2) Publishing books for which others have exclusive publishing rights;
( 3) Copying and distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through information networks, unless otherwise provided for in this law;
(4) Copying, distributing, and disseminating to the public through information networks the audio and video products produced without the permission of the audio and video producers, unless otherwise provided for in this law;
(5) Playing or copying radio or television without permission, except as otherwise provided for in this law;
(6) Without the permission of the copyright owner or copyright-related rights holder, deliberately avoid or destroy the technical measures taken by the rights holder to protect the copyright or copyright-related rights for his works, audio and video products, etc. , except as otherwise provided for by laws and administrative regulations;
(7) Deleting or changing works or works without the permission of the copyright owner or copyright-related rights holder. Electronic information for the rights management of audio and video products, etc., unless otherwise provided by laws and administrative regulations;
(8) Producing and selling works that counterfeit the signature of others .
2. How to compensate for copyright infringement
1. Direct losses refer to: (1) losses caused by the reduction or loss of income such as copyright royalties directly caused by infringement; (2) )Reasonable expenses incurred in investigating, stopping and eliminating illegal infringement; (3) Property losses caused by infringement of personal and moral rights of copyright.
2. Indirect losses refer to the loss of future property interests within a certain scope of the infringed copyright of the right holder. It falls under the provisions of paragraph 3 of Article 117 of the General Principles of the Civil Law. If the victim suffers other major losses as a result, the infringer shall not The scope of other major losses specified in the losses should be compensated. Indirect losses to copyright are caused by the inability of the right holder to normally use the copyright to carry out business activities.
3. Mental damage. Compensation for copyright personal and moral rights mainly refers to compensation for mental damage caused by copyright. In serious cases where the infringer infringes upon the personal rights of the copyright owner or the performer's personal rights, the infringer shall be ordered to pay a certain amount to the copyright owner or performer. Solatium for mental damage.
The above knowledge is the editor’s answer to relevant legal issues. Network anchors who sing in the live broadcast room will receive various forms of compensation. Rewarding is a paid performance and cannot constitute fair use. Without the permission of the copyright owner, it will constitute copyright infringement. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
