Original question | "Singer" is coming again, will it cause copyright disputes again?
Source | Whale Cloud
Author | Whales
Recently, #歌手直播#, #歌手 starting lineup# and other entries have been on the top 1 of the main Weibo list, and the "Singer" series, since its birth, has been known for its high-level music production, fierce on-site competition and innovative adaptation of singers, and has become a benchmark for domestic music variety shows.
This time, "Singer 2024" not only invites music giants from all over the world, but also adopts the form of full live broadcast and radio without dead ends, striving to create an unparalleled audio-visual feast. However, behind the music carnival, the shadow of copyright once followed us and became an unavoidable topic.
Echoes of History: The Copyright Dispute on the Stage of "The Singer".
Looking back, the entanglement between the "Singer" series and music copyright is not new.
1. Yu Quan's adaptation of "Mother in the Candlelight" caused controversy
In the second issue of "Singer 2017", Yu Izumi won the spot championship with a song "Mother in the Candlelight". However, this song put Yu Quan and Hunan Satellite TV in a dispute over alleged infringement of the copyright of the songwriter.
Li Chunli, the lyricist of "Mother in the Candlelight", said that there were 8 changes to the lyrics of the songs in the program, and in the signature of the lyricist of the program, "Li Chunli" was mistakenly written as "Li Chunli". Lu Jie, the lawyer representing Li Chunli, said that the law firm sent a lawyer's letter to Hunan Satellite TV, Yu Quan, and Yu Quan's brokerage company, demanding that they publicly apologize, correct their mistakes in the media, and pay 200,000 yuan in copyright royalties, and that if they did not respond, they would resort to law. At the same time, Gu Jianfen, the composer of this song, also sent a lawyer's letter to Hunan Satellite TV through his lawyer.
2. The copyright scandal between Dimahi and Opera 2
On January 28, 2017, Dimahi sang the famous song "Opera 2" composed by the famous Russian male singer Vitas in "Singer 2017". After that, he sang again in the Hunan Satellite TV Global Overseas Chinese Spring Festival Gala broadcast on January 30. Subsequently, Vitas issued a statement accusing the program team and Dimahi of using the song without authorization, infringing its copyright, and said that legal action would be taken.
The matter eventually ended with a settlement between the two parties, but the details of the settlement were not disclosed. This incident not only attracted widespread attention at home and abroad, but also taught the "Singer" program team a lesson in international copyright cooperation and respect, and strengthened the awareness of copyright compliance.
3. The copyright dispute over Zhang Jie's cover of "Silence".
In the fifth issue of "Singer 2017", Zhang Jie performed the song "Mo" affectionately, which was written and composed by Gao Xiaosong, and the original song was Na Ying. After the performance, Gao Xiaosong publicly said on social media that Zhang Jie's cover may be the last, suggesting that subsequent singing needs to be officially authorized.
As soon as this remark came out, it once again aroused the public's attention to the copyright issue of the program, but fortunately, after the program was broadcast, the program team immediately contacted Gao Xiaosong and went through the procedures, and the incident subsided. Although Gao Xiaosong later clarified that there was no personal grudge, the incident still sparked a discussion about the copyright norms of music programs.
It is not difficult to see that in the production of music variety shows, copyright issues are complex and sensitive, and with the improvement of laws and regulations and the improvement of public awareness of copyright, copyright protection has become an important link that cannot be ignored.
The Light of Law: Progress in Music Copyright Protection in China
It is not a single case that has been on the hot search due to music copyright disputes in variety shows. In the face of frequent disputes, the progress of music copyright protection in mainland China has also made remarkable achievements in legislation, law enforcement, justice and industry practice, and a relatively complete protection system has gradually been formed.
Strengthening at the legislative level
1. Amendments to the Copyright Law: China's Copyright Law has undergone several revisions, the most recent of which was passed at the end of 2020 and came into effect on June 1, 2021. The newly revised Copyright Law raises the standard of compensation for infringement, introduces a punitive damages system, strengthens the deterrence of infringement, and clarifies the copyright protection rules for musical works in the digital environment, adapting to the needs of the Internet era.
2. Alignment with international treaties: China has acceded to international copyright treaties such as the Berne Convention for the Protection of Literary and Artistic Works, ensuring that domestic music copyright protection is consistent with international standards and providing a legal basis for the transnational protection of musical works.
Improvement of law enforcement and judicial practice
1. Intensification of copyright enforcement: The National Copyright Administration and local copyright management departments regularly carry out special rectification actions on online copyright to crack down on online music piracy and protect the legitimate rights and interests of music creators. In July 2015, the National Copyright Administration issued the Notice on Ordering Online Music Service Providers to Stop Unauthorized Dissemination of Music Works, which was called the "strictest copyright order" in the history of domestic music. After the law was implemented in the second half of 2015, 2.2 million online music works were taken offline.
2. The exemplary effect of judicial decisions: When dealing with music copyright cases, the courts have gradually formed a series of typical precedents, such as the case of infringement of background music played in a business premises without permission, which clarified the protection boundary of performance rights and provided adjudication guidelines for similar cases. The determination of the amount of compensation for infringement in the judgment also tends to be reasonable, taking into account both the nature of the infringement and the market value of the work, so as to effectively compensate the right holder for losses.
Industry self-discipline and service platform construction
1. The development of collective management organizations: The establishment and improvement of collective management organizations such as the China Audio-visual Collective Management Association and the China Music Copyright Association have simplified the copyright licensing process, improved the efficiency of copyright transactions, and protected the copyright interests of domestic and foreign music works through "package authorization" and other means.
2. Music copyright service platform: For example, the establishment of the "Yangtze River Delta (China) Music Copyright Service Platform" uses digital technology to integrate resources, facilitates the confirmation, monitoring and trading of music copyrights, helps original musicians protect their rights, and promotes the healthy development of the music copyright market.
Respect Copyright: Let the music resound throughout the summer
As an evergreen program in the music industry, the copyright controversy behind the "Singer" series is not only a warning to the program team, but also a vivid copyright education lesson for the entire industry and even the whole society. Music, as a soothing agent for the soul, is valued not only in the beauty of the melody, but also in the crystallization of the painstaking efforts and wisdom of creation. Respecting copyright means respecting the sweat and inspiration behind every note, which is the cornerstone of promoting the healthy development of the music industry.
In today's world where intellectual property rights are increasingly valued, we hope that every talent can be properly protected, and every melody can be melodious in respect and understanding, so as to jointly write a new chapter in music copyright protection. "Singer 2024", I expect it to be not only a music contest, but also a demonstration of respect for copyright.
(This article only represents the author's point of view and does not represent the position of intellectual property)
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