On July 2, the topic of "PDD live singing was sued" attracted the attention of netizens.

  PDD's real name is Liu Mou, a former e-sports player of the League of Legends project, and now a game anchor, with 7.714 million Weibo fans.

It is understood that PDD recently sang "Lend Another Five Hundred Years from the Sky" in a live broadcast, and was sued by the original author for 100,000 yuan in compensation.

  Live singing was prosecuted, and it was said by PDD himself in the live broadcast.

PDD said that although it was difficult for him to accept, he did not expect to be prosecuted for singing, but he would still actively cooperate to be a good citizen who abides by the law.

  In the screenshots released by PDD himself, the legal counsel of his live broadcast platform also advised him not to sing during the live broadcast during this time.

If you really want to sing, you have to use the built-in song ordering software on the live broadcast platform, and you may face such a problem again when you sing with the software of other platforms.

  "Borrow another five hundred years from the sky" is the theme song of the TV series "Kangxi Dynasty", sung by Han Lei, lyric by Fan Xiaobin, and composed and arranged by Zhang Hongguang.

  The Red Star News reporter learned that the copyright of the song belongs to Beijing Four Seasons Light Culture Media Co., Ltd., and Zhang Hongguang is the company's artistic director.

Zhang Hongguang is a national first-class composer, and he has been honored as a "behind-the-scenes music master" by the music industry for many years.

  As of press time, the copyright owner of "Lending Another Five Hundred Years from the Sky" has not responded to the matter.

Industry view:

  To sing in the live room, two authorizations are required

  Wang Yi, general manager of the music division of OST Media, told the Red Star News reporter: "We have always been concerned about this matter. To sing in the live broadcast room, we need to obtain two authorizations: one is the authorization of lyrics and music; the other is the authorization of public communication. We The company requires that all song lists must be reviewed by us before the anchor sings in the live broadcast room."

  Wang Yi gave an example: "When an anchor wants to sing on a certain platform, the platform official will provide a music library, and the songs in the music library are all authorized by the platform in terms of lyrics and music. Every year, these platforms will pay a sum of money to the Audio Recording Association. Therefore, if you sing within the scope of the music library, or you have obtained the authorization of a certain song alone, there is basically no problem. We require that the live broadcast platform should list the song list before each live broadcast. Copyright information is also sent to us, and all songs performed by our music anchors are reviewed."

Lawyer says:

  Affirmation of infringement, but hope rationally handle it properly

  In this incident, some netizens wondered why they would be prosecuted for live singing?

  In this regard, Yuan Yong, the chief lawyer of Beijing Baoying (Chengdu) Law Firm, believes that online live singing is a paid performance, and its income mainly includes platform wages and audience rewards, which cannot constitute a situation of reasonable use.

Without the permission of the copyright owner, it shall constitute an infringement of its copyright.

  In addition, live singing on the Internet does not belong to the rights of information network communication, broadcasting and performance, and the rights listed in Article 10 of the Copyright Law.

However, the unlicensed use of live singing on the Internet has indeed caused damage to the copyright owner and violated the legitimate rights and interests of the copyright owner.

  Yuan Yong personally believes that online live singing can be classified and applied to the bottom line of Article 10, Paragraph 1, Item 17 of the Copyright Law "other rights that should be enjoyed by the copyright owner".

According to this law, copyright owners can pursue the infringement liability of network hosts and their platforms.

  At the same time, Huang Chunhai, a lawyer from Tahota Law Firm, believes that the dissemination of this work to audiences by singing through the Internet is regulated by the production rights law. Because it involves the use of the right to disseminate the work information on the Internet, permission must be obtained. Without permission, it is an infringement.

  Huang Chunhai believes that it has nothing to do with whether Ying is profitable or not, "In the case of information network dissemination, it (referring to the act of singing in the live broadcast room) allows the public to obtain this song widely and conveniently, and spread it through the infringer's singing behavior. This work will cause damage to the interests of stakeholders. It does not depend on whether it is profitable or not. As long as the work is spread through the Internet, if it is not online, such as in private gatherings, it is a reasonable There is no liability for use; but if it is through the Internet, even if it is not for profit, there is liability. Since he is not fair use, he is infringing.”

  Regarding the amount of compensation this time, Huang Chunhai personally thinks it is unreasonable.

"Although the game live broadcast in this case has a bit of commerciality and commerciality, even so, '100,000' can be regarded as a relatively high amount of infringement compensation in the field of copyright. I hope everyone can handle it rationally and properly, so as to protect the copyright owner. interests and protect their legitimate interests.”

  Red Star News reporter Ren Hongwei intern He Yanling

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