How does the use of charity songs constitute infringement of intellectual property rights?

Article 22 of the Copyright Law of the People's Republic of China stipulates that the use of a work under 12 circumstances may be made without the permission of the copyright owner and without remuneration to be paid, but the name of the author and the title of the work shall be indicated.

And before discussing this issue, we must ensure that the lyrics of others quoted must constitute a work within the meaning of copyright law. The obstacle to the composition of a few lines of lyrics is that the lyrics are often not protected because they are too small to lack originality, such as the first line of the chorus: Our love, except that it is too small and enters the public domain because of the frequent use of this sentence structure, so it does not have originality, and even if it is quoted, it does not constitute infringement.

Suppose that there are too many quotations of lyrics and originality constitutes a work, which involves the understanding of whether it constitutes Article 22, Paragraph 1, Item (2) of the Copyright Law

However, it is still important to emphasize that a highly recognizable lyric does not mean that it is inherently original and constitutes a work under copyright law.

The Copyright Law has the following provisions:

Article 3: "Works" as used in this Law includes literary, artistic, natural, social, engineering, and technological works created in the following forms: (1) literary works; (2) Oral works.

Article 10 Copyright includes the following personal rights and property rights:

14) the right of adaptation, i.e., the right to change a work to create a new work of originality;

16) the right of compilation, that is, the right to assemble a work or a fragment of a work into a new work through selection or arrangement;

Article 12: The copyright of a work produced by adapting, translating, annotating, or arranging an existing work is enjoyed by the person who adapted, translated, annotated, or arranged, but the copyright of the original work must not be infringed upon when exercising copyright.

Article 14: A compilation of several works, fragments of works, or data or other materials that do not constitute a work, and a work whose content is selected or arranged to reflect originality, is a compilation work, and the copyright is enjoyed by the compiler, but the copyright of the original work must not be infringed upon when exercising copyright.

Article 21: The term of protection for citizens' works of publication and the rights provided for in items (5) to (17) of paragraph 1 of Article 10 of this Law is the life of the author and 50 years after his death, ending on December 31 of the 50th year after the author's death; In the case of collaborative works, by December 31 of the fiftieth year after the death of the last deceased author.

The term of protection for the right of publication and the rights provided for in items (5) to (17) of the first paragraph of Article 10 of this Law shall be 50 years, ending on December 31 of the 50th year after the first publication of the work, provided that the work has not been published within 50 years since the completion of the creation, this Law shall no longer protect the works for 50 years.

According to the above provisions, partial or full quotation of other people's lyrics will infringe the adaptation and compilation rights of the original right holder. If the lyrics of the original right holder have exceeded the time limit specified in Article 21, it does not constitute infringement.

If it's just one or two sentences or a few words, it's normal because the expression of Chinese is broad and profound, but you can't quote other people's lyrics excessively, and there is a certain amount.

It must be infringement, but there is a certain boundary, and it must be infringing if the lyrics of others are quoted to a certain amount, and now there are still a lot of such things, and many songs are suspected of infringement, but it depends on whether the original is interested in suering.

According to the degree, if you directly regard someone else's song as your own, it can be regarded as infringement, but if it is just a quote, it doesn't matter.

If one or two sentences are okay, if more, you can be considered plagiarism.

Don't be a tailor, this song quotes one or two sentences, that song quotes one or two sentences, which is also plagiarism.

It can be cited, but the original author's consent must be obtained, and even if it does, it must be marked when citing.

Quotation is not infringement, only complete copying is infringement, and it is infringement in the real sense to mark others as their own.

If you don't cite much, you don't count. It's just that if it's not plagiarism, it can't be counted without more than a third of the imitation.

Copyright should be subject to the consent of the original songwriter, and it does not constitute infringement.

Citations are not copyright infringement.

But it's better to @ the original author!

The copyright of the song is an intellectual property. Article 3 of the Copyright Law of the People's Republic of China stipulates that **, drama, opera, dance, and acrobatic works belong to the scope of works protected by the Copyright Law, and copyright belongs to intellectual property rights, so the copyright of songs belongs to intellectual property rights.

Legal basis] Copyright Law of the People's Republic of China, Article 3 or .

"Works" as used in this Law refers to intellectual achievements in the fields of literature, art, and science that are original and can be expressed in a certain form, including:

1) Written works;

(2) Oral works.

3) Drama, opera, dance, and acrobatic artworks;

4) Works of fine arts and architecture;

5) Photographic works;

(vi) audiovisual works;

7) Engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works;

8) computer software;

9) Other intellectual achievements that conform to the characteristics of the work.

1) Publishing the work without the permission of the copyright owner.

2) Without the permission of the co-author, the work created in collaboration with others is published as a work created by oneself alone.

3) Those who did not participate in the creation, sought personal fame and fortune for the sake of simple sales, and signed the works of others.

4) Distorting or tampering with the works of others.

6) Using other people's works and failing to pay remuneration in accordance with regulations.

7) Without the permission of the performer, the performance is broadcast live and the performance is poor.

8) Without the consent of the legal person or the client, the author publishes the service work and commissioned work created by himself without authorization.

Legal basis: Copyright Law of the People's Republic of China Article 49 Where copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the right holder; Where it is difficult to calculate the actual losses, compensation may be given in accordance with the infringer's unlawful gains. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement.

Legal Analysis: Infringing songs are copyright infringement crimes and are illegal acts. Whoever, for the purpose of making profits, reproduces and distributes his writing, audio-visual, computer software, and other works without the permission of the copyright owner, publishes books in which others have exclusive publishing rights, reproduces and distributes the audio-visual products produced by the author without the permission of the producer, and produces or exhibits works of art that counterfeit the signature of others, shall be sentenced to fixed-term imprisonment of not more than three years and/or a fine in accordance with the laws of our country.

Legal basis: "Criminal Law of the People's Republic of China" Article 217: Where any of the following circumstances infringe on copyrights or copyright-related rights for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given: (1) Reproducing, distributing, or disseminating to the public through information networks their written works, **, Zen art, audio-visual works, computer software, and other works provided for by laws or administrative regulations without the permission of the copyright owner; (2) Publishing books in which others enjoy exclusive publishing rights; (3) Without the permission of the producer of the audio or video recording, reproducing, distributing, or disseminating to the public through information networks; (4) Without the performer's permission, reproducing and distributing audio or video recordings of their performance, or disseminating their performance to the public through information networks; (5) Fabricating or talking about rock works or impersonating works of art signed by others; (6) Without the permission of the copyright owner or copyright-related rights holder, intentionally avoiding or undermining the technical measures taken by the rights holder to protect the copyright or copyright-related rights of Chun Shichen for their works, audio or video recordings, and so forth.

Summary. Hello dear! <>

It is a copyright infringement to quote someone else's lyrics in a song!!

Is quoting someone else's lyrics in a song a copyright violation?

Hello dear! <>

It is a copyright infringement to quote someone else's lyrics in a song!!

According to Article 13 of the Copyright Law, the copyright owner enjoys the rights of reproduction, distribution, rental, exhibition, performance, screening, broadcasting, and information network dissemination. Any action without the consent of the copyright owner will be considered a copyright infringement. Therefore, if you quote other people's lyrics in the song, you must obtain the authorization of the other party or pay the corresponding copyright fees!!

<> another thing that needs to be paid attention to is the <> of kissing

If it involves the use of fragments, rhythms, melodies and other elements of other people's songs, it is also necessary to obtain the authorization of the other party or pay the corresponding copyright judgment fees. In addition, the current copyright law in China stipulates that the copyright owner enjoys a lifetime and 70-year protection period!!

<> kiss, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>