How to protect rights against background music infringement

When copyright owners and neighboring rights holders find that background music illegally infringes upon their rights, they can resolve infringement disputes through mediation, arbitration, or litigation. If the lawsuit is filed in court, the plaintiff needs to submit an indictment and evidence materials. The indictment must state basic information such as the original and defendant's identity information, litigation claims, facts and reasons. Regarding the issue of how to protect the rights of background music infringement, the editor of Legal Savior Network will answer it in detail for you below.

1. How to protect rights against background music infringement

1. Copyrights and adjacencies When rights holders discover that background music illegally infringes upon their rights, they can resolve infringement disputes through mediation, arbitration, or litigation. If the lawsuit is filed in court, the plaintiff needs to submit an indictment and evidence materials. The indictment must state basic information such as the original and defendant's identity information, litigation claims, facts and reasons.

2. Legal basis: Article 49 of the "Copyright Law of the People's Republic of China" stipulates that if copyright or copyright-related rights are infringed, the infringer shall The person's actual loss shall be compensated; if the actual loss is difficult to calculate, the infringer may be compensated according to his illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan.

2. Which background music will not infringe?

1. Background music has copyright, that is, copyright, and copyright includes publication Rights, signature rights, modification rights, rights to protect the integrity of works, reproduction rights, distribution rights, information network dissemination rights, and a series of rights. In many cases, the background music used in the short video works we watch infringes on music copyright. In fact, there is infringement not only in online short videos and film and television dramas, but also in the background music played by some businesses such as restaurants.

2. How to avoid background music infringement? There are several ways: Original background music. This is easy to understand. The copyright owner of the background music you create is yourself. Using such background music will certainly not constitute infringement.right. Get permission to use background sounds with. This is difficult. Strictly speaking, if you want to use other people's background music, you must obtain permission from the copyright owner, otherwise it constitutes infringement.

3. Background music that does not charge fees to the public. If background music is included in a video, the video is not used for profit, such as some free tutorials. In this case, the use of background music does not require the permission of the copyright owner.

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