"I Am a Little Bird", I believe many people have heard this song, it used to be one of the masterpieces of singer Zhao Chuan, and it is also the youth memory of many people.
Recently, this song has become the fuse of a copyright dispute, which has sparked heated discussions and debates on the Internet.
On January 18, 2024, singer Zhao Chuan sent a questioning message on Weibo, saying that the crew of "Flowers" used his singing "I Am a Little Bird" in the TV series, but did not contact him to buy the copyright, and did not even mention his name.
He said that this is disrespectful to him and disrespectful to **, and asked the crew to give a reasonable explanation and treatment.
This Weibo quickly attracted the attention of netizens, some people supported Zhao Chuan to protect his rights and interests, some people thought that Zhao Chuan was too sensitive, some people questioned whether Zhao Chuan's copyright was valid, and some people ridiculed Zhao Chuan for hyping themselves.
Many netizens also said that they didn't know the drama "Flowers", nor did they know that this song was used in the play, and felt that Zhao Chuan's Weibo gave the crew free publicity.
The copyright dispute caused by Zhao Chuan's Weibo is not a simple issue.
The right of recording mentioned by Zhao Chuan actually involves the performer's right in the neighboring right, that is, the right to allow others to record, distribute, and record the products performed by him and receive remuneration.
This right is stipulated by China's "Copyright Law" and "Regulations for the Implementation of the Copyright Law", which is an exclusive right of the performer, which is different from the copyright of the creator of the work.
So, did the crew of "Flowers" infringe on Zhao Chuan's recording rights?
It depends on whether they have Zhao Chuan's authorization or whether they are exempt from liability under the law.
According to Article 66 of the Regulations for the Implementation of the Copyright Law, if a film crew uses a song with the original recording copyright after purchasing the copyright of the song, it needs to pay a higher fee, including the copyright fee of the creator of the work and the fee of the original singer.
If the film crew did not pay these fees, or did not obtain Zhao Chuan's consent, then it may constitute an infringement of Zhao Chuan's right to record recording.
In the face of Zhao Chuan's questioning, the producer of the "Flowers" crew also responded as soon as possible.
They said that they had purchased the copyright of the song "I Am a Little Bird" in accordance with the law, including the copyright of the creator of the work and the fees of the original singer.
They also provided relevant copyright contracts and payment vouchers to prove that they did not infringe Zhao Chuan's recording rights.
They also said that they used this song in the TV series out of respect and love for Zhao Chuan, without any disrespect, and hoped that Zhao Chuan would understand and accept it.
After Zhao Chuan saw the producer's response, he also expressed his attitude on Weibo.
He said that he was not in it for the money, but for the **, and he just wanted a reasonable explanation and an apology.
He also said that he did not have any ill will towards the crew of "Flowers" and wished their TV series a success.
He also thanked netizens for their care and support, and hoped that everyone could look at this matter rationally and stop arguing.
Although the copyright dispute between Zhao Chuan and the crew of "Flowers" has subsided, it has caused many people to think and discuss about copyright.
Copyright is not only a legal system, but also a cultural phenomenon, which is related to the interests and respect between creators, performers, users and consumers.
In this era of information, the protection and respect of copyright require more of our attention and action. February** Dynamic Incentive Program