, Beijing, December 12 (Zhang Yuhui) Recently, the well-known orchestra Mayday was questioned about the lip-syncing of the concert, which caused extensive discussions among netizens and fans. The UP master of station B, the farmer in the wheat field, released three identification videos, pointing out that Mayday was lip-syncing at the concert site, one of which identified 4 songs from the Shanghai concert on November 11, and the result was 16 songs lip-syncing.

According to media reports, the original video and audio of the Mayday Shanghai concert have been submitted to the local cultural market inspection department, and the relevant departments will conduct a scientific evaluation and analysis of the audio and video content provided, and publish the results of the investigation.

What is Lip-syncing? Is it illegal to lip-sync in concerts? ...... In this regard, Chinanews talked to Zhang Qihuai, a legislative consulting expert of the Standing Committee of the Beijing Municipal People's Congress and the founder and chief lawyer of Beijing Lanpeng Law Firm, to make relevant interpretations.

Data map: The scene of the Mayday concert in Beijing

What is Lip-syncing?

"Lip-syncing" and "semi-open mic"

Zhang Qihuai told Chinanews that according to Article 31 of the "Detailed Rules for the Implementation of the Regulations on the Administration of Commercial Performances", lip-singing refers to the behavior of actors using pre-recorded songs and music instead of live singing during the performance.

In this regard, Zhang Qihuai said that lip-synching is also called lip-syncing and lip-syncing, which refers to the singer playing pre-recorded songs during live performances and matching them with lip shapes that are not actually vocalized.

As for the Mayday "half-open microphone" at the concert site speculated by some netizens, Zhang Qihuai pointed out that the half-open microphone refers to some lip-synching and part real singing, and the studio version of the sound is called "pad sound", and the artist's live singing is called real voice. The accompaniment has the original singing, and the singer is more labor-saving when singing, and the effect is better. And "full open mic" refers to real singing.

Is it illegal to lip-sync in concerts?

The key is the right to know

Zhang Qihuai believes that even if it is a half-open microphone, it does not comply with the laws and regulations of our country, "as long as there is a little bit of it that is not really sung, no matter what form it takes, no matter how big the scale is, it is illegal, because what is sold is 'real singing'."

Article 8 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests stipulates that consumers have the right to know the truth about the goods they purchase or use or the services they receive.

Article 2013 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests (<> Amendment) stipulates that business operators shall provide consumers with truthful and comprehensive information on the quality, performance, use, and validity period of goods or services, and shall not make false or misleading publicity. Proprietors shall give truthful and clear answers to consumers' inquiries about the quality of the goods or services they provide and how to use them. Proprietors providing goods or services shall clearly mark prices.

"It's very important that consumers are aware of that." Zhang Qihuai pointed out that the lip-syncing was fraudulent and violated the Consumer Rights Protection Law.

In addition, Zhang Qihuai also introduced relevant foreign laws and regulations to He talked about the 1993 lip lip singing law implemented in New Hampshire, which requires that whenever a singer plans to lip-sync, disclose to consumers that the singing will be synchronized with pre-recorded music rather than sung live.

The regulations require that such disclosure be made by concert organisers, venues and ticketing agents, and that when the organiser knows that all or part of a performer's voice is pre-recorded, the disclosure must be made by giving written notice to the venue and all personnel, as well as to the ticket seller when selling tickets to the performance.

If it is judged to be a lip-synching, what kind of liability will it bear?

A fine of between 5,10 and <>,<> yuan shall be imposed

Zhang Qihuai said that if it is judged to be a fake singing, the audience can sue the relevant units for compensation. The subject of compensation includes the organizer, the venue rental party and the ticket sales party, if the actor fails to inform the organizer and the organizer, the actor shall be responsible for the consequences caused by the fake singing; If the actor has been informed, the organizer and the organizer shall be jointly and severally liable. found that Article 28 of the "Regulations on the Administration of For-profit Performances" stipulates that actors shall not deceive the audience with fake singing, and the performance organizer shall not organize actors to fake sing. No unit or individual may provide conditions for lip-synching. The unit holding the performance shall appoint special personnel to supervise the performance to prevent the occurrence of lip-synching.

Article 2 of the "Regulations on the Administration of For-profit Performances" stipulates that where the audience is deceived by fake singing, and conditions are provided for actors to sing falsely, the relevant departments shall announce to the public the performance organizers, theatrical performance groups, and actors; Where the performance organizer or theatrical performance group is re-announced within 2 years, the original permit-issuing organ is to revoke the for-profit performance permit; Where an individual actor is announced again within <> years, the administrative department for industry and commerce will revoke the business license.

Where fake singing is used to deceive the audience, the competent department for culture of the people's government at the county level is to give a fine of between 5,10 and 5000,1 RMB; Where conditions are provided for actors to sing falsettoly, the competent department for culture of the people's government at the county level is to impose a fine of between <>,<> and <>,<> yuan.

According to public reports, on September 2009, 9, at Huang Shengyi's solo concert, the Sichuan Provincial Cultural Market Inspection Team and the Shuangliu County Bureau of Culture and Sports found that singers Fang Ziyuan and Yin Youcan were suspected of fake singing in solo singing or singing with others, and then Fang Ziyuan and Yin Youcan were given administrative penalties of 19,5 yuan respectively. It is reported that this is the first case of fake singing under investigation in China. (ENDS)