On January 29, singer Zhao Chuan posted on social platforms that the hit drama "Flowers" used his original song "I Am a Bird" in the drama without anyone negotiating with him for the right to use the recording. "Little Bird", and therefore questioned the other party's infringement of his recording rights.
He wrote in a post: "I am the person who owns the right to record, but no one has contacted me."
A reporter from Xiaoxiang Morning News found from public information that the original work of "I Am a Little Bird" was released in August 1990 It was written and composed by Li Zongsheng and sung by singer Zhao Chuan. After the song was released, it caused a great response in the society. It is regarded by many music fans as a musical masterpiece of the 1990s, carrying full of memories of the era.
The hit drama "Flowers" used two different versions of the song "I Am a Little Bird", including the version sung by Zhao Chuan.
In response to this, Fang Zedong Pictures, the producer of the "Flowers" TV series, responded that it contacted Universal Music (Zhao Chuan's agency) as soon as possible yesterday and provided corresponding explanation and communication.
Zhao Chuan’s post caused different controversies on the Internet. Some netizens support Zhao Chuan’s rights protection: They feel that the production of TV series itself is a commercial activity, and the songs used in the TV series should have been formally authorized; others are not able to understand: the use of songs in popular TV series itself is a secondary use of music. Publicity and promotion, why should we worry about the issue of recording rights...
"Copyright disputes" have always been a controversial and endless topic in the entertainment creative industry. In fact, as early as July 30, 1992, the Permanent Mission of China to UNESCO submitted the official document of joining the "Universal Copyright Convention" to UNESCO, marking China's official accession to the "Universal Copyright Convention" . This also means that the use of intellectual property rights is also subject to relevant protection and restrictions in our country.
reporter noticed that singer Zhao Chuan posted an article questioning the infringement of the hit drama "Flowers". The issue of how to distinguish recording rights from copyright has been discussed by netizens, "We all know that there is copyright, so what is the sudden appearance of recording rights? "
Zhao Liangshan, a lawyer at Shaanxi Hengda Law Firm, introduced that my country's copyright law system actually includes copyright and neighboring rights. The former is divided into reproduction rights, publication rights, information network dissemination rights, etc., and the latter includes performers' rights and audio and video producer rights. … The sound recording rights mentioned by Zhao Chuan refer to the right of audio and video producers in neighboring rights to authorize others to copy, distribute, rent, disseminate to the public through information networks and obtain remuneration for the audio and video products they produce.
Zhao Liangshan said that judging from the final result, "Flowers" used Zhao Chuan's recording without Zhao Chuan's permission, which constituted an infringement. If the other party wants to pursue the case, it will need to bear civil infringement liability. Of course, it can also be resolved through private negotiation.
Xiaoxiang Morning News reporter Sun Qingyun
