Driven by the wave of digitalization, the popularity of short video social software, the booming development of online music platforms, and the proliferation of singing variety shows have jointly injected unprecedented vitality into the music copyright market. However, behind this prosperous scene, there is a crisis that makes it difficult to protect the rights and interests of songwriters.
The commercial value of music copyright is constantly being explored, but songwriters often become the most ignored group in this interest chain. Problems such as information asymmetry, unequal business status, and high costs of rights protection have made the "difficulty of rights protection" a sharp sword hanging over the heads of many musicians.
Recently, focusing on the "issue of rights protection of musical works", Wu Xiangfei, Liu Dajiang, Li Bing, Lin Zidi, Frankie and other musicians from different eras gathered together with professional intellectual property lawyers to discuss music in the form of a "salon" The issue of rights protection of works, and the best path and method for musicians to protect their rights.
The current situation of the music copyright market is chaotic
Wu Xiangfei "must establish a rule"
Currently, the music copyright market is in a critical period of comprehensive transformation from traditional physical media to digital music. Although this transformation process has brought development opportunities to the music industry, it has also aggravated the chaos of copyright management. The gradual withdrawal of traditional tapes, records, tapes and other media has made the issue of copyright ownership of musical works complicated. A large number of copyright companies took advantage of the troubled waters and pretended to collect royalties, resulting in a serious reduction in the income that songwriters deserved.
Some film and television variety shows use musical works for broadcast without authorization from the songwriters, and even some popular variety shows are not immune. This blatant infringement not only damages the legitimate rights and interests of songwriters, but also disrupts the normal order of the music market. In such an environment, it is extremely difficult for songwriters to protect their rights and interests.
Musician Wu Xiangfei, who has created classic works such as "The Road Has Always Been", "Subway to Spring" and "The Sky of Fate", has been on the road to safeguarding his rights due to repeated infringement of his works.
In 2022, Wu Xiangfei sued eight companies including Universal Music for infringement of the copyright of his works, accusing these companies of privately authorizing the use of his works without his permission, causing economic losses. Wu Xiangfei's attorney also pointed out that if he spends so much time and energy fighting a lawsuit, even if he wins, he may get a very low compensation in the end. However, Wu Xiangfei has always insisted on safeguarding his rights and "must set a rule for the music industry."
As of October last year, Wu Xiangfei had won all five cases involving copyright infringement disputes in the first instance. Several music platforms were ordered by the court to compensate the plaintiff Wu Xiangfei for financial losses, and they publicly issued apology statements and apologized.
The difficult situation of songwriters and music copyright owners
Inability to resist in the face of infringement
Because the current compensation standard is too low, far lower than the actual value of the musical work, even if the rights are successfully defended, it will be difficult for the songwriters to obtain the compensation they deserve. This situation has greatly dampened the creative enthusiasm of songwriters, forcing them to make a difficult choice between survival and acquiescing to infringement.
In addition, the right of authorship, as one of the core rights of songwriters, is often ignored in the process of rights protection. However, the right of authorship is not only a confirmation of the author's identity, but also a respect for the fruits of the author's labor. Without the right to sign, songwriters lose control of their own works, which is undoubtedly the biggest blow to their creative enthusiasm.
Faced with the reality of inadequate copyright protection and unfair income distribution, the living conditions of songwriters have become increasingly worrying. In order to make a living, many songwriters have to package their lives and sell them to companies, receiving a meager remuneration every year. This "selling oneself" cooperation model not only restricts the creative freedom of songwriters, but also makes them more powerless to resist in the face of infringement.
Emerging versatile musician Xu Xiaorong shared that he once produced the theme song for a cartoon series. At that time, he signed a buyout contract with the producer. Later, he discovered that the song had been pirated in large numbers, but the production company chose not to pursue it. As a creator, , Xu Xiaorong found it difficult to accept that his work had been infringed, but due to contract restrictions, he was powerless.
Although the implementation of anti-monopoly policies has weakened the monopoly status of large platforms to a certain extent, it has also been followed by a reduction in the platform's support for songwriters. The deterioration of the creative environment makes it difficult for songwriters to obtain sufficient resources and support to continue their creative careers. The current situation of low compensation and high litigation costs has even discouraged many songwriters and lost the motivation to protect themselves.
Musicians’ sense of powerlessness in safeguarding their rights
may trigger an existential crisis for the industry
For musicians, the sense of powerlessness when facing infringement is an unbearable burden. Many musicians worry that defending their rights will damage their reputation and connections in the industry, thereby affecting their future survival and development opportunities. This fear makes them often choose to swallow their anger rather than take active actions to safeguard their rights and interests.
Emerging musician Frankie shared another method of infringement he encountered - "song washing", that is, reproducing a song with a title that is very similar to the original song, and slightly changing the tune and words of the original song. , for example, his hit "Goodbye Monica" had such an experience, and even changed his name Franky to "Baboon Franky" and "Francy".
French said that because of his lack of legal knowledge, he didn’t know what to do if he wanted to protect his rights in this situation. “I also thought about the time cost of the whole process and whether it would affect my future if I really went to court. It has an impact on the development of music. For us young authors, the pressure to survive is actually very high. There are many musicians around me who have been infringed, and few of them can get the copyright benefits.”
But this kind of silence and tolerance can only encourage others. In the long run, due to the arrogance of infringers, the entire music industry will fall into a vicious cycle: songwriters lose creative motivation and market competitiveness, and the quality of music works declines; infringers continue to harm the rights of authors and disrupt the market order by relying on their commercial advantages. . Ultimately, the entire music industry will face an existential crisis.
Musicians’ rights protection lawsuits must be timely.
Creators should not give up their rights.
Faced with severe challenges, songwriters must jointly explore effective rights protection strategies. On the one hand, they need to use legal weapons to protect their legitimate rights and interests; on the other hand, they also need to promote the healthy development of the music market through industry self-discipline and social supervision. Wu Xiangfei believes that lawsuits to safeguard the rights of musicians must be timely. "For example, if a popular song is 'washed', the original author needs to intervene in the lawsuit quickly so that the relevant agencies can better judge. If the lawsuit is not filed in time, time will be lost." The longer it takes, the more difficult it may be to define and obtain evidence.”
In the process of rights protection, successful cases are of particular significance. It not only provides valuable experience and inspiration for songwriters, but also sets standards and benchmarks for the industry. Wu Xiangfei also shared that he had also struggled with the issue of legal fees. "I spent a lot of money to litigate a case and may not get anything back. Some people once advised me to just take some settlement fees, but I think these are two different things. I hope that in the future Music copyright can gradually standardize, and we must change the status quo where music platforms only respect copyright companies but not songwriters.”
Lawyer Ouyang Fei from Shang Gong Law Firm gave the advice that creators should not give up their rights at any time. Rights and interests, when you discover signs of infringement, you should seek the help of professional lawyers, such as in the form of legal consultation. "You don't have to wait until a lawsuit is formed to seek advice from the legal team. When you need even a consultation, just It will avoid many problems."
Text/Beijing Youth Daily intern Wang Jiayi
/Beijing Youth Daily reporter Shoupeng Huan
Editor/Cui Wei
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