On January 29, the well-known singer Zhao Chuan posted on Weibo: "The recent popular drama "Flowers" used "I Am a Little Bird", and no one came to negotiate the right to use the recording before", which means that the TV series "Flowers" infringed on his rights and interests as the original singer. According to the Beijing News reporter's observation, the TV series "Flowers" did use the version of "I Am a Little Bird" sung by Zhao Chuan as an interlude, and marked it as "copyright**" at the end of the film On January 30, there was ** contacted Fang Zedong Pictures, the producer of "Flowers", and the other party responded: "We contacted Zhao Chuan and the copyright team together with Universal ** for the first time yesterday, and made corresponding explanations and communications. And meet today to further show our cooperation record and clear up related misunderstandings. ”
In "Flowers", Tao Tao will always appear with "I Am a Little Bird", starring Chen Long introduced, Wong Kar-wai gave everyone a background**, Tao Tao's background** is this song.
What exactly is the "right to sound recording"? If the show wants to use an old song, who does it need to be licensed from? In this regard, the Beijing News reporter interviewed Zhao Hu, a partner and lawyer of Zhongwen Law Firm. Zhao Hu said that if a film and television work wants to insert a ** work in the play, it needs to obtain the copyright authorization of the song from the copyright owner of the song, such as songwriters, record companies, ** copyright companies, etc., especially the authorization of performance rights, broadcasting rights and information network communication rights in the copyright.
Screenshot of Zhao Chuan's Weibo.
Performance rights: According to Article 10 of the Copyright Law of the People's Republic of China, copyright owners enjoy the right of performance, that is, the right to perform works in public and to publicly broadcast works by various means; Broadcasting right: According to Article 10 of the Copyright Law of the People's Republic of China, the right of broadcasting refers to the right to publicly broadcast or disseminate works by wireless means, to disseminate the broadcast works to the public by means of cable transmission or retransmission, and to disseminate the broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images; Right of information network dissemination: According to Article 10 of the Copyright Law of the People's Republic of China, the so-called right of information network dissemination refers to the right to provide the work to the public by wired or wireless means, so that the public can obtain the work at the time and place of its choosing.
Zhao Hu said that there are two situations. One is that if the author only uses the lyrics and music of the song and sings and finds another singer, it only needs to obtain the authorization of the performance right, broadcasting right and information network transmission right from the copyright owner, and agree with the singer on the use of the performer's right, without discussing with the original singer. "Sometimes you need the permission of the songwriter, and sometimes the songwriter has transferred the copyright to someone else, such as a record company, then someone else licenses it. Who is the right holder and who authorizes it. ”
However, if the show wants to use a version sung by a particular singer, it needs to obtain the authorization of the singer, i.e. the performer, at the same time. For example, the TV series "Flowers" directly uses the version of "I Am a Little Bird" sung by Zhao Chuan, according to the "Copyright Law of the People's Republic of China", singers have the right to perform, including indicating the identity of the performer; protect the image of the performance from distortion; permit others to broadcast and publicly transmit their live performances from live broadcasts and for remuneration; Licensing others to make audio or video recordings and receiving remuneration; Permit others to reproduce, distribute, or rent audio or video recordings of their performances, and receive remuneration; Licensing others to disseminate their performances to the public through information networks and receiving remuneration. When the licensee, i.e., the producer, uses the work in the manner specified in items 3 to 6, it shall obtain permission from the singer (copyright owner) and pay remuneration. "Unless the singer has signed an agreement with another person to transfer the performer's rights, it can no longer be asserted. ”
Some netizens speculated that the "right of recording" mentioned by Zhao Chuan may refer to the "right of producer of audio and video recordings" in the neighboring rights of works. In this regard, Zhao Hu said that according to the "Regulations for the Implementation of the Copyright Law", the so-called sound recording refers to any recording of the sound of the performance and other sounds. A sound recording maker is a person who originally recorded the sound of a performance or any other sound. Therefore, under normal circumstances, the right to make audio and video recordings does not refer to singers, but to **companies, **producers, etc.
*: Beijing News WeChat***