On January 29, singer Zhao Chuan posted on social platforms that the hit drama "Flowers" used the song "I Am a Little Bird" originally sung by him in the play without authorization without anyone negotiating with him for the right to use the recording, and therefore questioned that the other party had infringed on his recording rights.
He wrote: "I'm the one who owns the rights to record, but no one has contacted me. ”
A reporter from Xiaoxiang Morning News inquired from public information that the original work of "I Am a Little Bird" was released in August 1990, with lyrics and music written by Li Zongsheng and sung by singer Zhao Chuan. After the song was launched, it caused a lot of repercussions in the society, and was regarded by many music fans as the best masterpiece of the 90s, carrying full memories of the times.
The hit drama "Flowers" uses two different versions of the song "I Am a Little Bird", including the version sung by Zhao Chuan.
In this regard, Fang Zedong Pictures, the producer of the TV series "Flowers", replied that it contacted Universal ** (Zhao Chuan's brokerage company) for the first time yesterday and made corresponding explanations and communications.
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 dramas is a commercial act in itself, and the songs used in the play should have been formally authorized; Some people can't quite understand: the application of the song in the hit drama itself is a secondary promotion of **, why bother with the issue of recording rights......
Copyright disputes" have always been a topic of quarrel and non-stop in the entertainment and creative industry. In fact, as early as July 30, 1992, the Permanent Mission of China to UNESCO submitted to UNESCO an official document of accession to the Universal Copyright Convention, marking China's formal 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 China.
The reporter noticed that singer Zhao Chuan posted an article questioning the infringement of the hit drama "Flowers", and the question of how to distinguish between recording rights and copyrights was discussed by netizens, "We all know that there is copyright, but what is the recording right that suddenly appeared?" ”
Zhao Liangshan, a lawyer at Shaanxi Hengda Law Firm, introduced that China'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, audio and video producers' rights, ......The right of sound recording referred to by Zhao Chuan refers to the right of the producer of the audio or video recording in the neighboring rights to license others to reproduce, distribute, rent, disseminate to the public through information networks, and receive remuneration for the audio and video recordings produced by them.
Zhao Liangshan said that judging from the final result, the use of Zhao Chuan's recording in "Flowers" without Zhao Chuan's permission constitutes an infringement, and if the other party wants to pursue it, it needs to bear civil tort liability, and of course it can be resolved through private negotiation. (Xiaoxiang Morning News).