Expert opinions ◆ Singing or playing music works without the consent of the copyright owner in the live broadcast room infringes on the broadcasting rights of the copyright owner. If the short video involves album songs or MV content, it may also damage the rights of record companies and other audio and video producers. Live streaming or publishing short videos is a form rather than a purpose. Whether the reward function is open or whether it can directly benefit from live streaming behavior is not the fundamental criterion for determining whether it belongs to commercial behavior and whether it is infringing. The possibility of using others' music works in live streaming rooms or short videos for commercial use is high, and it is easy to infringe without obtaining relevant permission. Whether a live streaming platform should bear joint and several liability mainly depends on whether it is aware or should be aware of the infringement behavior of the platform anchor. On the live streaming platform, the host showcases their singing voice, sings popular songs in the live room, or interacts with fans in the background music to "bring goods"; On video platforms, "grassroots artists" perform their own adapted music works and make short videos. Producers also mix and cut music, combining multiple MV clips into "stepping on videos"... In recent years, the live streaming and short video industries have developed rapidly and in various forms. In an era where everyone is a creator, original songs and music cannot be sung as they please. Where is the "warning line" for copyright protection? What behaviors are prone to infringing music copyright? Once violated, who should pay for it? The reporter interviewed industry insiders and relevant experts on relevant issues. How should the behavior of the host singing or playing music works without the permission of the copyright owner in the live broadcast room be classified? In April this year, the Beijing Intellectual Property Court made a judgment on the copyright ownership and infringement dispute between Beijing Haikui Technology Co., Ltd. and Hunan Yingke Mutual Entertainment Network Information Co., Ltd. The verdict indicates that such behavior, as it does not fall within the scope of "live performance" or "mechanical performance," infringes not on the performance rights, but on the broadcasting rights of the copyright owner of the song in question. Li Yang, professor of the School of Civil, Commercial and Economic Law of the China University of Political Science and Law and vice president of the China Intellectual Property Law Research Association, told reporters that according to the law, the right of performance refers to the right to perform works publicly and to broadcast the performance of works publicly by various means. 'Mechanical performance' belongs to the latter, such as publicly playing some album songs in shopping malls, bars, and other places; correspondingly, there is also the term 'live performance', which means that performers publicly reproduce their works through their own actions, sounds, and other means In the context of online live streaming, the host and network users are in the same virtual 'room' at the same time, almost completely in line with what people call the 'sense of being present'. However, in essence, the user on the other end of the network receives the 'signal' of image and sound, and is not in the transmission site, so it does not constitute a performance act as described in copyright law. Li Yang analyzed that the reason for determining it as an infringement of broadcasting rights is based on current legal provisions, The broadcasting right mainly controls the initial dissemination behavior, broadcasting behavior, and broadcasting related behavior of the work received. Specifically, singing or playing music works without the consent of the copyright owner in the live broadcast room infringes on the initial dissemination rights of the broadcasting rights enjoyed by the copyright owner. Besides live streaming, short video works also involve