1. Whether using one or two lyrics infringes copyright
1. Basis According to the provisions of my country's Copyright Law, whether the use of one or two lyrics will infringe copyright depends on the purpose of use. If it is only quoted, it will not infringe copyright.
2. Legal provisions: "Copyright Law of the People's Republic of China"
Twenty-two Article 1: Under the following circumstances, a work may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the name of the author and the title of the work shall be specified, and other rights enjoyed by the copyright owner in accordance with this law shall not be infringed:
(1) For personal study, research or appreciation, using other people’s published works;
(2) For introduction , comment on a certain work or explain a certain issue, and appropriately quote the published works of others in the work;
(3) In order to report current affairs news, in newspapers, Unavoidable reproduction or citation of published works in journals, radio stations, television stations and other media;
(4) Newspapers, periodicals, radio stations, television stations and other media Publish or broadcast current affairs articles on political, economic, and religious issues that have been published by other newspapers, periodicals, radio stations, television stations, and other media, unless the author declares that they are not allowed to be published or broadcast;
(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, unless the author declares that they are not allowed to be published or broadcast;
(6) For school classroom teaching or scientific research, translate or copy a small amount of published works for use by teaching or scientific researchers, but shall not be published or distributed;
(7) State agencies are responsible for enforcingUse published works within a reasonable scope for official purposes;
(8) Libraries, archives, memorial halls, museums, art galleries, etc. are displaying or preserving versions To meet the needs of the public, copy the works collected by the museum;
(9) Free performance of published works, the performance does not charge fees to the public, nor to the Performers Pay remuneration;
(10) Copy, paint, photograph, and videotape works of art installed or displayed in outdoor public places;
(11) Translate works written in the Chinese language and written by Chinese citizens, legal persons or other organizations into minority languages and publish them domestically;
(12) Convert published works into Braille for publication.
The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations.
2. Will recording songs performed by others at a concert constitute infringement
(1) At a concert, when fans hear their favorite singers singing, they can’t help but think of the live singing Some of them are recorded for their own enjoyment in the future, some are for showing off to friends, and some are even shared online to seek clicks. However, the music of the concert itself is a work, and songs sung by others are included in the concert. It may inadvertently infringe on the singer's performer rights.
(2) Performer's rights refer to the rights that performers enjoy in accordance with the law regarding their performances. As part of the group of performers, singers also have performer rights over the songs they sing.
(3) According to regulations, singers as performers enjoy the following rights:
1 , the right to identify the performer;
2. The right to protect the performance image from distortion;
;">3. Live broadcast rights, which means allowing others to use live broadcasts and public broadcastsStart transmitting their live performances and receive compensation;
4. Reproduction and distribution rights, allowing others to copy and distribute audio and video recordings of performers' performances, and obtain Remuneration;
5. The right to license audio and video recordings to others and receive remuneration;
6 , Information network live broadcast rights, which means allowing others to broadcast their performances to the public through the Internet and receive compensation.
(4) Therefore, generally speaking, recording songs sung by others at a concert cannot be recorded using mobile phones, tape recorders and other devices without the consent of the singer. Otherwise, it will infringe the singer's right to live broadcast and license others' rights to record and record the performance privately and then share it online. It may even infringe the singer's right not to allow others to disseminate his performance to the public through the Internet without permission.
(5) However, for concert musical works, sometimes it is allowed by law to include songs sung by others within a reasonable range. does not constitute infringement, the details are as follows:
1. Songs can be used at the concert with the consent of the singer. For example, if the singer has made a statement before and during the performance, he or she can use electronic equipment to record the song.
2. The songs collected are not used for other purposes, but are only for personal enjoyment. This falls under the first category of fair use in Article 22 of the Copyright Law. payment situation.
3. The concert is a free performance in which others have sung songs. There is no need to ask for tickets or other fees from the public, nor to pay the performers. Yes, the songs included at this time also fall under the first paragraph of fair use in Article 22 of the Copyright Law. However, it should be noted that a free concert does not necessarily mean a charity performance. Charity performances only do not charge the public.
The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of my country’s Copyright Law, whether using one or two lyrics will infringe copyright, it must be based on It depends on the purpose of use. If it is just quoted, it will not infringe the copyright. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
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