According to CCTV news, with the vigorous development of the live broadcast industry, the copyright issues related to the use of music in Internet live broadcasts have always been concerned by the society. How to pay for music copyright in live studio? How much to pay? There has been a lack of specific industry standards and references. Yesterday (25th),The China Association for the Collective Management of Audiovisual Copyrights has published on its official website the trial payment standards for live-streamed recordings over the Internet.
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Article 45 of the newly revised Copyright Law adds a new “right to remuneration” for music producers: that is, the use of music recordings in online live broadcasts requires not only payment of copyright fees to the right holder of the lyrics of the music works, but also to the recording producers. pay the copyright fee. The core of the discussion on the “right to receive remuneration” is how to determine the standard of remuneration. As a copyright collective management organization, China Audiovisual Copyright Collective Management Association has announced to the whole society the remuneration standard for the use of music in live broadcast rooms: the main body of payment obligation is the use of sound recordings anchors and platforms. For effective implementation, the trial standard is oriented to the platform, and the cost is shared between the platform and the streamer. The types of live broadcast rooms are divided into live broadcast rooms using K song + background music, live broadcast rooms using only background music, and e-commerce live broadcast rooms using music. The annual, quarterly, and monthly charging standards are 300 yuan and 83 yuan respectively. Yuan, 29 Yuan; 100 Yuan, 26 Yuan, 10 Yuan; 10000 Yuan, 2777 Yuan, 980 Yuan. The trial will start on July 25.
Guokun, Deputy Director-General of the China Association for the Collective Management of Audiovisual Copyrights: The charging standard should consider several factors, such as the way we use music, the degree of our dependence on music, and the anchor’s own income and affordability.
Under the guidance of the National Copyright Administration, the China Audiovisual Copyright Collective Management Association, together with the China Audiovisual and Digital Publishing Association, together with relevant people of the Supreme Court, legal persons, experts and scholars, representatives of live broadcast platforms, etc., started from November last year. A total of three Round rate negotiation. At present, some platforms have actively fulfilled their copyright responsibilities and recognized the rate standards under negotiation. There are also some platforms that disagree on some of the standards that are being piloted.
Infringements abound
Internet music usage needs to be regulated
The main application scenario of “remuneration right” on the Internet is the live broadcast of the anchor. A large number of Internet celebrities have become popular by singing and playing songs in live broadcasts, and live broadcast platforms also rely on the influence of Internet celebrities to gather a large number of users, but among them, the infringement incidents of using music works emerge one after another. During the interview, the reporter found that some network anchors did not know that the unauthorized use of music in the live broadcast room is an infringement.
An anchor of an Internet platform: We are the anchors of chatting. We can find that kind of free music on any music software, and then transmit it to the live broadcast room through Bluetooth. This is generally how music is used.
Guo Yanhu, a lawyer from Beijing Jingshi Law Firm: If the anchors use other people’s music works as background music in the live broadcast room, or directly sing their music works, this kind of behavior does not belong to the scope of fair use, but is an infringement. There are also anchors who even set up the live broadcast playback function, so that the public can watch the video at the time and place chosen by him and obtain the work. This behavior violates the copyright owner’s right to disseminate information on the Internet. Therefore, even if we pay to download a certain piece of music as a member, our use is limited, and we cannot arbitrarily extend it to the scope of commercial use, otherwise it may be suspected of infringement.
Regarding the issue of music copyright charges in the live broadcast room, the interviewed network anchors also expressed their confusion.
An anchor of an Internet platform: Do you still need to charge for this? If there is a fee, we may not use music for many people in the later stage. I think the platform should bear the copyright fee, because the platform has already deducted half of this income. For example, if someone swipes a gift, the platform first deducts part of it.
Reporter: Your point of view is that the platform needs to pay some, or even all, the cost of this copyright for you, right?
An Internet platform anchor: I personally feel it should be like this.
Yao Huanqing, deputy secretary-general of China Intellectual Property Law Research Association and professor of Renmin University of China: After the online platform signed this payment agreement with the collective management agency, the music library is open to the anchor, and the anchor can also obtain such a low-cost music resources. If such a synergy can be achieved, it may actually be beneficial to the development of the entire network ecosystem.
Improve the online audio and video copyright system
Reasonably balance the interests of all parties
According to the “Statistical Report on the Development of China’s Internet Network”, the number of online live broadcast users in my country will reach 703 million in 2021. How to not only protect the legitimate rights and interests of music rights holders, but also promote the vigorous development of Internet content production. Although no final consensus has been reached on the trial payment standard, exploration and negotiation within the industry are still ongoing.
Music copyright owners generally welcome the payment standard and expect the payment method to enter the implementation stage as soon as possible to solve the problem of individual rights protection.
Jiang Tao, director of the China Private Performance Alliance and head of a music production company: We protect our rights personally, and every live broadcast room must be covered for data collection and evidence collection, which is a very long cycle and requires a lot of manpower. Cost and cash cost, there is such a gap in rights protection that is difficult to bridge. We call for this and move it forward into this substantial phase of implementation.
The representative of the Internet platform said that at present, the Internet platform is very actively hoping that the industry will issue standards to solve copyright-related issues. At the same time, it is expected that the collective management organization will further consider more live broadcasts based on the two types of live broadcasts in pan-entertainment live broadcast rooms and e-commerce live broadcast rooms. type, and further refine the corresponding remuneration standards.
Liu Yang, Vice Chairman and Secretary General of the Digital Music Working Committee of the China Audio-Video and Digital Publishing Association: In fact, the most positive response of all the platforms is that everyone is very willing to implement this matter as soon as possible. We feel that it may be more reasonable to use this kind of platform use and personal use to divide, under these two models, we can separate various payment methods.
The collective management organization hopes that this payment method can connect a large number of live broadcast rooms, a large number of anchors and rights holders to maximize the efficiency of industry development.
Zhou Yaping, Vice Chairman and Acting Director General of China Audiovisual Copyright Collective Management Association: Collective management organizations must be a bridge between users and copyright owners, and this bridge can maximize efficiency. Licensing efficiency means that the efficiency of licensing and charging can be maximized, balancing the interests of users, and enabling copyright owners to get reasonable returns.
According to data released by the International Association of the Phonographic Industry, the revenue of the music recording industry in mainland China will reach 7.1 billion yuan in 2021. According to the remuneration standard for the trial implementation of Internet live recording products, the music recording industry may increase copyright revenue by 2.2 billion yuan. Worldwide, more than 140 countries around the world recognize the exclusive rights or remuneration rights of sound recording producers in broadcasts and performances. Through reciprocal agreements between collective management organizations, Chinese music will be protected worldwide. At the same time, China’s music copyright awareness will be further enhanced.
Yao Huanqing, deputy secretary-general of China Intellectual Property Law Research Association and professor of Renmin University of China: There is actually a very important feature in intellectual property rights, and its value is generated through utilization. Now your single has the potential to be downloaded hundreds of millions of times. We should work together to find a balance, so that the rights and interests of our creators can be protected, the rights and interests of our consumers can be protected, and our platform can continue to develop under a more robust system. In fact, the whole society needs to achieve a virtuous circle in this.
Attachment: Announcement on the Trial Implementation of the “Standards for Payment of Phonograms in Internet Live Broadcasting (Draft)”
On June 1, 2021, the new Copyright Law came into effect. Article 45 stipulates that if a sound recording is used for wired or wireless public transmission, or is broadcast to the public through technical equipment for transmitting sound, payment shall be paid to the producer of the sound recording. remuneration. The Act added the right to remuneration for broadcast performances by producers of sound recordings. In the Internet field, this right is mainly reflected in the “non-interactive” use of sound recordings in a live broadcast scenario.
According to the provisions of Article 13 of the Regulations on Collective Administration of Copyright, the China Audiovisual Copyright Collective Management Association has comprehensively considered factors such as the revenue of my country’s live broadcast industry and the degree of dependence of different types of live broadcasts on sound recordings. Remuneration Standard (Draft) (hereinafter referred to as Remuneration Standard). The remuneration standard is under negotiation with representatives of Internet platforms in accordance with Article 8 of the Copyright Law. It has been one year since the right holder was granted the right to receive remuneration for sound recordings. In order to promote the negotiation work, the China Audiovisual Copyright Collective Management Association will announce the remuneration standard and implement it on the Internet live broadcast platform to realize the legal rights and interests of the rights holder as soon as possible and broadcast live broadcasts on the Internet. The platform provides solutions for the right to remuneration for sound recordings, eliminating legal risks for users.
1. Remuneration standard for pan-entertainment live broadcast:
(1) K song + background music use:
300 yuan/year/live room, 83 yuan/quarter/live room, 29 yuan/month/live room.
(2) Use of background music:
100 yuan/year/live room, 26 yuan/quarter/live room, 10 yuan/month/live room.
2. E-commerce live broadcast payment standard:
10,000 yuan/year/live room, 2,777 yuan/quarter/live room, 980 yuan/month/live room.
The remuneration standard will be implemented on a trial basis from now on.
China Audiovisual Copyright Collective Management Association
July 25, 2022
Edited by Chen Yanting