Pufa small guard | in the music platform after the purchase of payment, whether it can be broadcast publicly?

2022-05-02 0 By

Copyright – a small guardian – into the supermarket, jubilant concert makes people instantly feel the festive atmosphere of the Chinese New Year, some people think that buy New Year’s goods, in the supermarket to listen to “Gong Xi Fa CAI” is really to the Chinese New Year.The song played on a loop in supermarkets is often “Gong Xi Fa CAI”, which studies have shown can boost consumption as well as the festive atmosphere.So this music can be used anywhere?Can music CDS be played publicly after being purchased by supermarkets or paid on music platforms?No.The purchase of copyrighted CDS by supermarkets only solves the problem of the right of reproduction. The public broadcasting of these music is the use of the performance right of copyright owners.Generally, the fees we pay for music purchased on NetEase Cloud Music and QQ Music platforms are only for personal use, not for obtaining the above performance rights.Case A shopping mall co., LTD., without obtaining the license of the right owner and the music association, and without paying the copyright royalties, performed in public using the songs involved managed by the music Association as the background music of its business premises.In the end, the court ordered the shopping center co., Ltd. to compensate China Music Copyright Society 10,000 yuan for economic losses and 7,000 yuan for reasonable expenses incurred for stopping the infringement.Article 10 copyright includes the following personal rights and property rights:…(9) The right of performance, that is, the right to perform a work publicly and to perform a work for public broadcasting by various means;…Copyright owners may authorize others to exercise the rights provided for in subparagraphs 5 to 17 of the preceding paragraph and obtain remuneration in accordance with the agreement or the relevant provisions of this Law.Article 45 Remuneration shall be paid to the producer of sound recordings if a sound recording is used for public transmission on wire or wireless, or for public broadcasting through technical equipment for transmission of sound.Article 52 Anyone who commits any of the following acts of infringement shall, according to the circumstances, bear civil liability for stopping the infringement, eliminating its ill effects, making an apology or paying compensation for losses:…(7) failing to pay remuneration for the exploitation of a work created by another;Article 54 The amount of compensation in paragraph 3 shall also include the reasonable expenses paid by the right holder for stopping the infringement.Source: Shanghai Prosecutors