Is it considered infringement to sing other people's songs during a live broadcast
Cover other people's songs, if the cover program is performed for general benefit , if no fees are collected from the public and no remuneration is paid to the performers, remuneration may not be paid without the permission of the copyright holder. However, using other people's songs to participate in commercial competitions, conduct live TV broadcasts, shoot MVs, etc. for commercial purposes without authorization involves infringement, including singing in bars and disseminating singer cover videos online, etc., which may involve infringement. According to the copyright law, works include literary works, music, drama, folk arts, dance, acrobatic arts and other works.
Copyright includes the following personal rights and property rights: right of publication, Right of signature, right of modification, right to protect the integrity of the work, right of reproduction, right of distribution, right of rental, right of exhibition, right of performance, right of screening, right of broadcasting, right of information network dissemination, right of filming, right of adaptation, right of translation, right of compilation and shall Other rights enjoyed by the copyright owner. Article 37 of my country's Copyright Law stipulates that when using other people's works for performances, performers, including actors, and performance units must obtain permission from the copyright owner and pay remuneration. The performance organizer organizes the performance, obtains permission from the copyright holder, and pays remuneration.
Legal basis: Article 37 of the "Copyright Law of the People's Republic of China" uses other people's works for performances, the performer (actor, performance unit) shall obtain the permission of the copyright owner and pay remuneration. showThe organizer organizes the performance, obtains permission from the copyright holder, and pays remuneration. To perform performances using works resulting from the adaptation, translation, annotation, and arrangement of existing works, the permission of the copyright owner of the adapted, translated, annotated, or arranged work and the copyright owner of the original work must be obtained, and remuneration must be paid.
Infringement of copyright must meet the following three requirements Conditions:
1. The fact that there is infringement is the act Without the permission of the copyright owner and without complying with the conditions of use stipulated in the copyright law, a person uses the copyright owner's works, as well as performances, audio-visual products, and radio and television programs without authorization. Copyright infringement does not require the consent of the author or other copyright holders, nor does it fall under fair use or statutory use. This is unauthorized use of the work, and is therefore a violation of copyright law. This kind of infringement may not only cause damage to other people's personal rights of copyright, but also may cause damage to other people's copyright property rights, and may also damage other people's personal rights and property rights of copyright at the same time. For example, illegally copying other people's works may only infringe others' copyright property rights, while counterfeiting other people's works often infringes other people's personal rights and property rights at the same time.
2. The act is illegal. Copyright is a Absolute right, everyone is responsible for the obligation of inaction not to infringe this right. Others must abide by copyright law and other relevant legal provisions when using copyrighted works. If an actor violates the provisions of the law, his behavior is illegal. As for works that are not protected by my country's copyright law, works that have not been copyrighted, or "works" that have entered the public domain, there is no infringement issue when others use them.
3. The perpetrator is subjectively at fault, so-called fault. It refers to the infringer’s mental state regarding his infringement and its consequences, including intentional and negligent forms. The vast majority of copyright infringements are intentional; there are also a few that can be caused by intentionality or negligence. Distinguish the form of fault and determine the tortfeasor in lawLegal responsibility has a certain meaning. Generally speaking, the legal liability for intentional torts is heavier than the legal liability for negligent torts.
Based on the relevant answers to the above content, it can be concluded , if you cover other people's songs for the purpose of making money, you need to obtain the consent of the person involved. If the cover is just a performance and no compensation is paid, you don't need to authorize it. This situation will not constitute infringement. If you still have relevant legal consultation, you can Call LegalSavior.com Online Lawyer Answers.
