Shulou(Shulou.com)11/24 Report--

CTOnews.com, July 23, in the era of short videos, background music is an important means to improve video quality, but we should also pay attention to copyright issues, otherwise we may face infringement lawsuits. Recently, the people's Court of Tongxiang City, Zhejiang Province, heard a dispute over the infringement of background music in a short video, CTOnews.com learned from the legal Daily.

According to reports, Xiaoxu Music is a famous music production company in China, which owns the copyright of many original music works. In 2022, Xiaoxu Music authorized the rights required for audio-visual synchronization of music works such as "City of the Moon" in Internet advertisements to a plaintiff's Zhejiang intellectual property company. This means that only with the permission of an intellectual property company in Zhejiang can these music works be used in Internet advertisements.

However, an intellectual property company in Zhejiang found that a commercial company in Tongxiang used music clips from "the City of the Moon" when promoting products on its online store page without authorization. An intellectual property company in Zhejiang believed that a commercial company in Tongxiang violated its right to disseminate information on the network of the "City of Wangyue", so it sued to the court, asking it to stop the infringement and compensate for the losses.

The people's Court of Tongxiang City held that a commercial company in Tongxiang displayed music clips of "the City of the Moon" to the public on its online store page, which was an act of information network dissemination, and the act constituted infringement without the permission of an intellectual property company in Zhejiang Province. Although a commercial company in Tongxiang has stopped the infringement, it still needs to compensate for the losses caused by an intellectual property company in Zhejiang. Considering that a commercial company in Tongxiang did not make a large profit from using the music, and at the same time, an intellectual property company in Zhejiang also spent the necessary cost of obtaining evidence and safeguarding its rights, the court mediated the amount of compensation. In the end, a commercial company in Tongxiang agreed to compensate a Zhejiang intellectual property company 2800 yuan, and paid the compensation on the spot.

The judge reminded the producers and users of short videos to pay attention to copyright issues when using background music and not to use unauthorized music works at will. If the video is uploaded and publicly displayed to the public, whether for personal or commercial purposes, it may constitute infringement. If you use background music for personal learning, research or appreciation, and set the video to private or private mode, you can reasonably use the system to exempt from liability. In this case, a commercial company in Tongxiang uses the background music to attract customers, which obviously has a commercial purpose and should bear the corresponding liability for compensation.

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