Homemade short video music cannot be "matched as you please"

2023-07-24

In the era of short videos, in order to enhance the richness of audio-visual content, background music has become an indispensable and important element, but random music in short videos may also be suspected of infringement. Recently, the People's Court of Tongxiang, Zhejiang Province, tried a case of infringement of the right of information network communication. (July 23, Legal Daily) According to the Research Report on the Development of China's Online Audiovisual (2023), as of December 2022, the number of short video users in China has reached 1012 million, with a user utilization rate of 94.8%. The short video industry has become a new growth point for China's online cultural and creative industry. At the same time, the act of short video creators creating videos and adding background music to upload platforms without obtaining legal music authorization has caused a series of infringement issues and also hindered the healthy development of the short video industry. According to media investigations, due to the characteristics of simple production and low release threshold of short videos, as well as the need for regulatory regulation in the short video industry, the large number of short videos, and the difficulty in discovering infringement clues, unauthorized use of music works by others is more common. At the same time, the production cost of short videos is limited, making it difficult to find a dedicated person to create music for short videos. Finding a reasonably priced music license is not easy, which is also an objective factor that homemade short video music is prone to infringement. According to the Copyright Law, producers of audio and video recordings who use the works of others to produce audio and video recordings shall obtain permission from the copyright owner and pay remuneration; For personal learning, research, or appreciation, the use of published works by others may be done without permission from the copyright owner and without payment of remuneration. However, in reality, many self-made short videos with background music added to upload platforms deviate from the premise of reasonable use of "for personal learning, research, or appreciation", and the perpetrators are liable for infringement. Many cases warn creators that short video music has risks and cannot be "matched as you please". Without obtaining legal authorization for music, adding background music to a self-made short video upload platform, whether used for personal or commercial purposes, may constitute infringement. Short video creators must avoid the risk of music copyright infringement and comprehensively grasp the boundary issues of music copyright, including whether it causes adverse effects on others and infringes on their legitimate rights and interests other than intellectual property. Given that many creators are unable to determine whether their use of background music may constitute infringement, and obtaining authorization for each short video background music is difficult to achieve, it is urgent to further promote cooperation between copyright owners and platform parties, fully ensuring that creators can choose the background music they need and have obtained authorization on the platform, so as to claim the platform's sole responsibility in case of disputes. Of course, as background music is used for commercial purposes, users still need to obtain legal authorization for specific music on their own. To curb the infringement of short video music, it is necessary to increase regulatory efforts. In response to the frequent infringement risks of short video music, relevant departments should further clarify the legal boundaries, standardize the reporting function, facilitate the rights holders to provide evidence and protect their rights more quickly, and form an effective mechanism for short video copyright protection. The platform should strengthen its monitoring of video soundtracks, strictly fulfill its responsibility for content review, and take measures such as notification and deletion of infringing videos

Edit:Luo yu    Responsible editor:Wang er dong

Source:Beijing Youth Daily

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