Beijing News (Reporter Zhang He) On January 29, well-known singer Zhao Chuan posted on Weibo: "The song "I Am a Little Bird" was used in the recently popular drama "Flowers", and no one came before. Negotiating the right to use the recording," meaning that the TV series "Flowers" infringed on his rights as the original singer. According to the Beijing News reporter's observation, the TV series "Flowers" did use a version of "I Am a Little Bird" sung by Zhao Chuan as the episode, and it was marked as "copyrighted music" at the end of the film. On January 30, some media contacted Fang Zedong Pictures, the producer of "Flowers", and the other party responded: "We contacted Zhao Chuan and the copyright team together with Universal Music yesterday, and made corresponding explanations and communication." Let's meet today to further showcase our cooperation records and resolve related misunderstandings."
In "Flowers", Tao Tao always plays "I Am a Little Bird" when she appears. Starring Chen Long introduced that Wong Kar-wai provided background music for everyone, Tao Tao The background music is this song.
What exactly is "recording right"? If the show wants to use an old song, who does it need to get permission from? In this regard, a reporter from the Beijing News interviewed Zhao Hu, a partner and lawyer at Zhongwen Law Firm. Zhao Hu said that if a film and television work wants to insert a musical work in the play, it needs to obtain the copyright authorization for the song from the song copyright owner, such as the songwriter, record company, music copyright company, etc., especially the copyright Authorization of performance rights, broadcast rights and information network dissemination rights.
Zhao Chuan Weibo screenshot.
Performance rights: According to Article 10 of the Copyright Law of the People's Republic of China, the copyright holder enjoys the right to perform, that is, the right to publicly perform the work and to publicly broadcast the work by various means; Broadcasting rights: According to the Copyright Law of the People's Republic of China According to the provisions of Article 10 of "Broadcasting Right", the right to broadcast means the public broadcast or dissemination of works by wireless means, the dissemination of broadcast works to the public by wired dissemination or rebroadcasting, and the use of loudspeakers or other similar tools for transmitting symbols, sounds, and images to the public. The public’s right to disseminate broadcast works; information network dissemination right: According to Article 10 of the Copyright Law of the People’s Republic of China, the so-called information network dissemination right is provided to the public in a wired or wireless manner, so that the public can rights to the work at the time and place.
Zhao Hu said that there are two situations. One is that if the work owner only uses the words and music of the song and finds another singer to perform the song, he only needs to obtain authorization from the copyright owner for the performance rights, broadcast rights, and information network dissemination rights, and negotiate with the singer. It is enough to agree on the use of the performer's rights, and there is no need to discuss it with the original singer. "Sometimes the songwriter's authorization is required. Sometimes the songwriter has transferred his copyright to others, such as a record company, and then it is authorized by others. Who is the rights holder and who authorizes it."
But if the show wants to use a specific The version sung by a singer needs to be authorized by the singer, that is, the person with the right to perform. For example, the TV series "Flowers" directly used the version of "I Am a Little Bird" sung by Zhao Chuan. According to the "Copyright Law of the People's Republic of China", the singer has performer rights, including indicating the identity of the performer; protecting the performance image cannot be distorted; permit others to broadcast and publicly transmit their live performances and receive compensation; permit others to record and videotape them, and receive compensation; permit others to copy, distribute, and rent audio and video recordings of their performances, and receive compensation; permit others to copy, distribute, and rent audio and video recordings of their performances and receive compensation; Disseminate their performances to the public through information networks and receive compensation. When the licensee, that is, the drama company, uses the work in the manner specified in items 3 to 6, it must obtain permission from the singer (copyright owner) and pay remuneration. "Unless the singer signs an agreement with others and transfers the performer's rights, he can no longer claim it."
Some netizens speculated that the "recording rights" mentioned by Zhao Chuan may refer to the "recording and video producers" in the neighboring rights of the work. right". In this regard, Zhao Hu said that according to the "Regulations on the Implementation of the Copyright Law", the so-called sound recordings refer to any recording of performance sounds and other sounds. Recorder is the person who originally recorded the sound of a performance or other sound.Therefore, usually, the rights of producers of audio and video recordings do not refer to singers, but to music companies, music producers, etc.
editor, Tong Na
proofreader, Li Lijun
