Oriental Network • Zongxiang News Chen Lina Intern Jiang Jiahui
Yesterday, singer Zhao Chuan posted on social media that the TV series "Flowers" used the song "I Am a Little Bird" sung by him, "I am the one who has the recording rights, but no one has contacted me." ”
Oriental Network • Zongxiang News reporter found that Zhao Chuan's "I Am a Little Bird" appeared in episodes 11 and 24 of "Flowers", the former scene Tao Tao was unwilling to be trapped in the family and wanted to cheat on his sister-in-law;
In addition, the content of the rolling subtitles at the end of the TV series "Copyright Music Coordination" includes Zhao Chuan's song "I Am a Little Bird" sung by Li Zongsheng and composed by Li Zongsheng.
Ding Tao, director and lawyer of the Culture, Entertainment and Sports Law Research Center of Guangdong Zhuojian Law Firm, said in an interview with Zongxiang News that this issue is more complicated and it is impossible to clarify which is right and which is wrong under the existing circumstances.
"The copyright structure of a song is divided into four parts, referred to as lyrics, songs, singing, and recording. Ding Tao introduced that in general, if there is no agreement specifically for copyright issues, the copyright of the lyrics and songs of this song belongs to the original author Li Zongsheng. The right to make a sound recording belongs to the person or organization that invests resources and costs to record the song, usually the record company or agency where the singer works. The singer himself has the right to perform the song.
Theoretically, if a film and television drama wants to obtain the authorization and use of a song, it needs to obtain the permission of the four parties of lyrics, music, singing, and recording at the same time before it can be used, "but because copyright can be traded, the record company can attribute the copyright of the lyrics and songs, the right of the recording producer, and the performer right of the singer to its own name through transfer, so as to form a whole of the song copyright for authorization and transfer, which is legally allowed." ”
It is not possible to know whether there has been a transfer of copyright to the producer's rights of the song. Based on the fact that "Flowers" uses a large amount of Hong Kong and Taiwan pop music, he judged that the producer should have done relevant copyright cleanup. However, it is sometimes difficult to generalize whether the copyright authorization chain is clear and whether there is a copyright dispute during the licensing process.
This song may have been authorized through other channels without Zhao Chuan's knowledge. Ding Tao said, but there may be a copyright dispute or unclear ownership of the song itself, which is currently unknown.