Legal gas station
Some netizens accused the Chinese Taiwan Orchestra of fake singing, and at present, law enforcement departments have intervened, and the brokerage company insists that it is not fake singing, and some legal teachers have proposed that fake singing may involve fraud, what do you think about this matter?
Hello everyone, I'm Lao Liang, who pays attention to news and law. The source of the matter is that on November 30, the blogger "Farmer in the Wheat Field" released **Identification*** The 12 songs of the Shanghai concert are true, and he believes that there is a situation of fake singing.
His method is to use a fan's recorded scene**, extract the vocals to see if it is accurate, and if it is too accurate, it will be considered lip-syncing.
This matter can be said to be seven in and seven out on the hot search, I think there is no big news at the end of the year, at present, the brokerage company believes that ** issued a statement, resolutely denied the lip-syncing, and said that it cooperated with the investigation, the law enforcement team of the Shanghai Bureau of Culture and Tourism said that it was investigating, and there was no conclusion yet.
Someone ran to interview the China Performing Arts Association, and the China Performing Arts Association said that it was concerned about this matter and was waiting for the cultural law enforcement department to deal with it.
In other words, the pressure is on the side of the Bureau of Culture and Tourism, and if the Bureau of Culture and Tourism determines that there is no lip-synching, it may have to explain what is going on with the questioning of the wheat farmer woman.
Netizens are also discussing this, passers-by basically express their support for the fight against lip-synching, and some people don't seem to like *** fans very much, some don't believe in lip-synching, and some feel that going to the scene is to go to the chorus, and others can't care about it.
Many lawyers and experts have also expressed their positions, which are generally believed to include civil claims and administrative penalties.
What is more unique is that Mr. Cai Yaqi proposed that it may involve criminal fraud.
Now the agency is saying that there will be a concert on the 7th, and the whole live broadcast will be live, and some fans are quite insistent on seeing what this means.
I'll stack a nail first, it's inconvenient for me to judge whether they are lip-synching or not, this is not my area of expertise, I may be okay to distinguish fake news, and I can't tell the difference between lip-synching.
And in view of the possible copyright issues, I will not play the ** fragment to you**, interested friends can move to the account of Mr. Mai Tian to judge for themselves, here we mainly talk about the legal issues that may be involved.
First of all, this matter needs to be investigated and collected by law enforcement agencies.
Many people may think that I can confirm it after watching the blogger**, there is a problem with the validity of evidence, what he is looking for ** is that someone on the Internet said that it was a live recording, so is it a live recording, will there be post-synthesis, will someone deliberately upload a post-production **, this is not clear to us, so we need law enforcement departments to confirm according to the performance records and audio-visual materials on the scene of the day.
Units organizing performances in accordance with law shall appoint special personnel to supervise the conduct of singing and performance, and make a record for future reference. The content of the record includes the names of the actors, bands, and repertoire, as well as the basic information of the singing and performance process, and is signed and confirmed by the person in charge of the performance organizer and the supervisor.
In addition, there should be audio-visual materials on site, which can also be used to confirm.
In fact, there have been penalties for lip-syncing for a long time, the first case should be that there was a Huang Shengyi solo concert held in Chengdu in 2009, but it was not Huang Shengyi who was false-singing, it was two actors named Fang Ziyuan and Yin Youcan who were identified as lip-syncing and were fined 50,000 yuan respectively. At that time, it was found out through technical means that they were lip-syncing.
Of course, I don't know if ***'s concert uses the same technology, it stands to reason that it should be more advanced.
But there must be relevant information, CCTV News reported that the current concert sound has been submitted to the inspection department, and Nandu reported that the original sound of the relevant concert has been identified, and I believe there will be a result in the future.
As for the punishment after the determination, many people have said that the fake singing violates the "Regulations on the Administration of Commercial Performances", and if it is verified, it can be subject to administrative punishment.
It may be noted that many **say*** will be fined up to 100,000, but I think that if it is verified, it is not certain who will be fined. But it depends on how they operate, what role they are in, and whether the singer himself knows.
So if I say that the singer is really singing, but the ** with vocals is put on the scene for the effect, or the scene is misplaced, and the singer can't hear it in his ears, how do you deal with it?
I repeat that I don't mean to comment on this incident, this is not to say that the agency will do this, just that the singer is fined and the agency is fined is different, this needs to be confirmed.
In addition, it may be reversed, it is possible that only the singers are punished, and the two singers who were punished in 2009 mentioned earlier did not mention the situation where the performance organizers were punished.
But some people questioned that some of the parties were recorded, so why wasn't it lip-syncing?
This regulation stipulates that live performances for the public are not included in the recording, which are originally edited and may have sound revisions.
So some fans think that lip-synching is okay, and they are just going to the chorus, is this okay?
Of course, but this can only solve the problem of civil claims.
This is also a misunderstanding of many people, confusing administrative punishment and civil claims, for example, two people fight, the police station does administrative punishment, just leave a fine, you have to go to civil compensation for medical expenses, of course, you can reconcile, then it is very likely that the administrative punishment will not be done.
But not all administrative penalties can be eliminated through reconciliation, for example, if you cross the street and are hit by a car running a red light, you get up and see that the driver is your idol, and you say that I am happy to be hit if it's okay, then you can give up the claim, but he can't run away from the red light.
The current regulations on commercial performances are similar to the situation, and it is your business not to make a claim, and you can't stop the administrative punishment.
If the claim involves fraud, it can be expected to pay three times the compensation according to the Consumer Protection Law, but it is difficult for ordinary people to provide evidence, and it is only possible after the administrative penalty is determined.
As for the China Performing Arts Association, to be honest, it's really funny to ask them at this time, it's not a law enforcement agency, it's an industry self-regulatory social group, and some of its regulations are not laws, at most they are self-discipline documents, that is to say, if you are not a member of the association, you can not listen to it, and this matter ** report did not confirm whether it is a member of the China Performing Arts Association Association, anyway, it really can't do anything without confirming the lip-syncing.
Of course, if it is confirmed that it can be boycotted, although it has no law enforcement power, it has more members, and the main platforms and performance organizations in the mainland are its members, and if everyone doesn't play with you, then it will be more difficult for you in the mainland.
Therefore, when you look at Nandu's report, what it says is "supervising and guiding member units to implement self-discipline and punishment measures against corresponding entertainers within the industry", which is what it means, and its skill is to mobilize members.
As for the issue of criminal responsibility, I personally believe that it cannot be constituted.
In my opinion, there is a problem in Mr. Cai's analysis of the crime of fraud, that is, whether the result of the fake singing can constitute substantial falsehood in the criminal sense.
For example, I am selling your *** concert tickets now, but when you enter the venue, there are people on the stage: Liang Lao Wu, Liang Xiaoyue, Liang Datian, such a *** This is a proper fraud, because this is essentially false.
But when you buy real concert tickets, it should be regarded as signing a live performance service contract, this performance is not just singing, but should also include a series of services such as stage, costumes, dance, lighting interaction, etc., then if you go in and see that it is *** these people, then at least the other parts are real.
And even if you say lip-syncing, this voice is actually ***, the difference is whether you hear it through real-time live electronic devices, or listen to the sound recorded by electronic devices, of course, lip-synching is illegal, but I personally understand that it is more of a shrinkage in service quality, rather than constituting a complete falsehood in substance, and more of an infringement of consumers' right to know.
If this analogy constitutes the crime of fraud, then all the shrinkage of service quality can be regarded as fraud, which is nothing more than a matter of accumulating the amount to the threshold of sufficient crime, so I believe that the shrinkage of service quality cannot be equated with outright falsehood.
In addition, there was a previous view that false-witting may constitute the crime of producing and selling counterfeit and shoddy products, because adulteration is clearly mentioned in that crime, and it is not required to be outright false, but that is for products, at least for the time being, it has not been extended to the service field, and this kind of expansive interpretation cannot be made according to the principle of legality, so it is usually considered not to be constituted.
In fact, I also thought about whether it would constitute the crime of illegal business operation, and the pocket crime should not be used at this time, then you see that the regulations on the management of commercial performances are administrative regulations issued by the first government, which are in line with the scope of national regulations of the criminal law, but there is a requirement that the circumstances are serious, and there are currently no specific provisions on the serious circumstances of the shrinkage of performance service quality.
In fact, we returned the regulations on the management of for-profit performances, and many other articles have criminal responsibility if they constitute a crime, but the content of Article 47 on the punishment of fake singing is only administrative punishment, and there is no article on criminal responsibility.
In my opinion, from the perspective of legislative intent, this act does not determine that there is a serious possibility of criminal circumstances, and in terms of social harm, it does not cause serious chaos in the market order like some situations that need to be investigated for criminal responsibility, so it is more appropriate to stay at the level of administrative penalties and civil claims at present.
Finally, it is possible that this matter is investigated to be lip-synching, but if the investigation is not, there is also a legal risk for the person who publishes others to be lip-synch, civil infringement of reputation rights, criminal insult to individuals, and crime of damaging business reputation and reputation of goods to enterprises, I hope you will be cautious.
The above is my sharing of legal issues related to lip-to-singing, personal opinions are inevitably overlooked, and young people with different opinions are welcome to leave me a message in the comment area and barrage. You can follow my account "Lao Liang is not depressed", I will continue to share more news and legal views, thank you.