Chinanews.com, Beijing, December 12 (Reporter Wang Shiyao) Recently, the well-known orchestra Mayday concert lip-synching storm was boiling. First, the video blogger used vocal extraction technology to analyze the live video of the concert and questioned Mayday's lip-pegging, which sparked heated discussions on the whole network. After the incident fermented, the Beijing Municipal Cultural Market Comprehensive Law Enforcement Corps, the Shanghai Municipal Bureau of Culture and Tourism Law Enforcement Corps and other official agencies announced that they would launch an investigation. On the 4th, Mayday Brokerage Company believes that Music issued a statement on its official Weibo denying lip-to-lip singing, and the remarks on the Internet about "Mayday Lip-synching" are malicious attacks and rumors.
Mayday Agency: Fake singing remarks are malicious attacks
On the evening of December 12, Mayday Brokerage Company Believe Music issued a solemn statement on its official Weibo saying that Mayday did not have any lip-syncing behavior during the tour, and the remarks on the Internet about "Mayday Lip-synching" were malicious attacks, rumors and slander, seriously damaging the image of the company's artists.
"We are actively cooperating with the relevant law enforcement authorities to carry out investigations, and we believe that the relevant authorities will give us a fair result to set the record straight," the statement said. ”
Image source: Believe in Music's official Weibo
Regarding the statement, some fans said, "Believe in music, believe in Mayday." Some netizens also said that they would wait for the follow-up investigation results to be announced.
Previously, I believe that Music had said on its official Weibo that the "I Want to See You" Paris concert, which will be held at 12 a.m. Beijing time on December 8, will be broadcast live throughout the whole process.
Chang Sha, a partner at Beijing Jingjing Law Firm, told a reporter from Chinanews that if the remarks on the Internet about "Mayday lip-synching" are confirmed to be rumors, then the makers and disseminators of the relevant rumors need to bear Internet infringement liability for Mayday and the organizers of the relevant concerts. Mayday and relevant entities may file a civil lawsuit against the infringer, requiring it to bear legal responsibilities such as eliminating the impact and compensating for losses. If the circumstances are particularly serious and serious losses are caused, the person who creates and disseminates the relevant rumors may face criminal liability for the crime of defamation. The crime of defamation is a private prosecution case, and Mayday and relevant subjects may file a criminal lawsuit with the people's court to require the relevant subjects to bear criminal responsibility. Relevant subjects may face criminal penalties of up to three years in prison, criminal detention, public surveillance, or deprivation of political rights.
On the contrary, if the subsequent Mayday is characterized by the administrative department as a singer for fake singing, the brokerage company and the singer shall bear the corresponding civil and administrative legal liability. Chang Sha pointed out that, first of all, if the performance organizer or theatrical performance group is re-announced to have fake singing within 2 years, it will face the administrative penalty of having its business license revoked. And according to the punishment provisions of the "Regulations on the Administration of Commercial Performances", singers who have fake singing may face a fine of between 5,10 yuan and <>,<> yuan. Secondly, the agency and the singer should also bear the ultimate civil liability for compensation to the consumer, and the concert organizer has the right to recover from the singer and the agency.
Chang Sha emphasized that denial will not necessarily lead to an increase in the punishment result, and the specific punishment needs to be comprehensively determined according to various factors such as the number of lip-synching acts, the scope of influence, and the amount involved.
A review of the lip-synching turmoil
On November 11, the video blogger "Farmer in the Wheat Field" extracted the human voices from the 30 songs of the Mayday Shanghai concert according to the contributions of fans. According to the blogger's identification, "Cheers", "Love ING", "Write This Song for You" and "Don't Listen to Slow Songs for Sad People" sung by Mayday are fake singing or mixed truths; In addition, Mayday and the concert guests sued the five people to sing two songs "contentment" and "lover missed", which were identified as Mayday fake singing and sue the five people for real singing.
After the video was released, it quickly sparked heated discussions on the Internet. There are also some fans who participated in the Mayday concert this year, and when they reviewed the live video they shot, they also claimed to have found suspected lip-syncing.
Screenshot of the page of the video blogger "Wheat Field Farmer" B station.
According to public information, in 2023, Mayday will hold a number of concerts in Beijing, Shanghai, Guangzhou, Wuhan, Shenyang and other places, and tickets will be sold out immediately. In Shanghai alone, Mayday held 10 concerts in 8 days, with a total attendance of more than 36,355, and the ticket price for each show was 1855 to <>,<> yuan.
On December 12, "Mayday Lip-synching Identification" ranked first on Weibo's hot search. In response, the Beijing Municipal Cultural Market Comprehensive Law Enforcement Corps responded that they would record the situation and make a judgment based on the situation, "if the follow-up investigation is involved, it will be announced on the official platform."
On December 12, the Law Enforcement Corps of the Shanghai Municipal Bureau of Culture and Tourism said that it had received the original video and audio of the "Mayday" Shanghai concert, and would conduct a scientific evaluation and analysis of the audio and video content provided, and publish the results of the investigation. In addition, the law enforcement team of the Shanghai Municipal Bureau of Culture and Tourism attaches great importance to the public opinion of the suspected "fake singing", and has required the organizer to cooperate with the investigation in accordance with the "Regulations on the Administration of Commercial Performances".
Mayday Shanghai concert poster image
If the fake singing is true, how can consumers protect their rights?
Chang Sha, a partner at Beijing Jingjing Law Firm, told a reporter from Chinanews that "fake singing" is an illegal act. According to Article 26 of the "Detailed Rules for the Implementation of the Regulations on the Administration of For-profit Performances", for-profit performances must not deceive the audience by means such as fake singing and performance. "Fake singing and fake performance" as used in the preceding paragraph refers to the act of actors using pre-recorded songs or pieces of music instead of singing or playing live during the course of performance. Therefore, lip-singing is legally defined as the act of an actor using a pre-recorded song or piece of music instead of singing and playing live during the performance.
According to the previous Mayday concert, it was questioned that the real singing and fake singing were mixed, and some netizens doubted "whether the number of fake singing songs affects the punishment result"? Chang Sha pointed out that if the follow-up lip-syncing situation is verified, the specific number of lip-synching songs at the concert may affect the determination of the amount of fines, but will not affect whether to make a penalty decision.
According to the punishment provisions of the "Regulations on the Administration of For-profit Performances", as long as the performance organizers, theatrical performance groups, or performers deceive the audience or provide conditions for the performers to sing falset-to-dance, the competent department of culture under the State Council or the competent department of culture of the people's government of a province, autonomous region, or municipality directly under the Central Government shall announce it to the public, and the competent department of culture of the people's government at the county level shall impose a fine of not less than 5,10 yuan but not more than <>,<> yuan.
If the lip-synching is true, how will the audience defend their rights? Chang Sha responded that if the fake singing is verified, consumers have the right to ask the performance organizer to compensate for the losses after leaving the venue; The performance organizer may recover compensation from the responsible theatrical performance groups and performers in accordance with law. Consumers can ask the organizer to "refund one and compensate three". If it is less than 500 yuan, it will be calculated as 500 yuan.
If consumers question the performer's lip-synching when watching the concert, they can contact the organizer or the ticketing platform for negotiation; If the problem cannot be resolved, you can file a complaint with the local consumer rights protection agency, such as the consumer association, the consumer rights protection committee, etc., or report it to the local cultural management department. In addition to the above-mentioned rights protection methods, a lawsuit can also be filed with the people's court to require the organizer or the actor to bear the corresponding compensation for breach of contract and fraud. (ENDS)