Author: Fu Biao
In the era of short videos, in order to improve the richness of audio-visual content, background music has become an indispensable and important element. However, random soundtracks in short videos may also be suspected of infringement. Recently, the People's Court of Tongxiang City, Zhejiang Province heard a case involving a dispute over infringement of the right to disseminate information online. ("Rule of Law Daily" on July 23)
Data from the "China Online Audiovisual Development Research Report (2023)" shows that as of December 2022, the number of short video users in my country has reached 1.012 billion, and the user utilization rate is as high as 94.8%. The short video industry has become a new growth point for my country’s online cultural and creative industry. At the same time, short video creators’ behavior of making their own videos and adding background music to upload platforms without obtaining legal authorization for music has triggered a series of infringement issues and restricted the healthy development of the short video industry.
According to media surveys, due to the characteristics of short videos such as simple production and low release threshold, coupled with the need to standardize the supervision of the short video industry, the large number of short videos, and the difficulty in discovering infringement clues, there are many unauthorized uses of other people's musical works. See. At the same time, short video production costs are limited, and it is difficult to find someone to create music for short videos, and it is not easy to find music licenses at reasonable prices. These are also some objective factors that make self-made short video soundtracks easy to infringe.
The "Copyright Law" stipulates that audio and video producers who use other people's works to produce audio and video products must obtain permission from the copyright owner and pay remuneration; for personal study, research or appreciation, they can use other people's published works without the permission of the copyright owner. No compensation is paid to them. However, in reality, many self-made short videos add background music to the uploading platform, which breaks away from the premise of fair use "for personal study, research or appreciation", and the perpetrator needs to bear infringement liability.
Many cases have warned creators that short video soundtracks are risky and cannot be matched “just as they want.” Without legal authorization for music, adding background music to the self-made short video uploading platform may constitute infringement, whether used for personal or commercial purposes. To avoid the risk of soundtrack infringement, short video creators must comprehensively understand the boundary issues of music copyright, including whether it will cause adverse effects to others and infringe on other people's legitimate rights and interests other than intellectual property rights.
In view of the fact that many creators are unable to judge whether their choice of background music may constitute infringement, and it is difficult to obtain authorization for the background music of each short video, it is urgent to further promote cooperation between copyright owners and platforms to fully ensure that creators can Choose the background music that you need and that has been authorized, so that you can claim that the platform takes full responsibility in the event of a dispute. Of course, for commercial use of background music, users still need to obtain legal authorization for specific music.
To curb the infringement of short video soundtracks, more supervision is needed. In view of the frequent risk of infringement of short video soundtracks, relevant departments should further clarify legal boundaries, standardize reporting functions, facilitate rights holders to more quickly provide evidence and defend their rights, and form an effective mechanism for short video copyright protection. Platforms should strengthen the monitoring of video soundtrack activities, strictly perform content review responsibilities, take necessary measures such as notification and deletion of infringing videos, and promptly assist in stopping infringement based on complaints from rights holders.
Recently, the Cyberspace Administration of China has deployed a special campaign to “clarify and strictly rectify the chaos of ‘self-media’”, emphasizing the need to explore the use of economic means to strengthen the supervision of “self-media”. Relevant departments should further use administrative interviews, administrative penalties, criminal crackdowns and other means to strictly rectify the infringement of short video soundtracks, forcing relevant companies and platforms to enhance copyright awareness, strengthen the construction of music copyright protection systems, fully fulfill the main responsibilities, and ensure that short video The video soundtrack runs on a legal and compliant track. (Fu Biao)
Source: Beijing Youth Daily
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