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Yes, at present, China attaches great importance to copyright and intellectual property rights, and the blatant plagiarism of works by artists will have a very bad impact on society and openly challenge the authority of the law.
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I think we should be responsible, because every work is created by the original creator with heart and time, and the person who plagiarizes has no respect for the originality and plagiarism the fruits of others' labor.
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I think this situation should be responsible, plagiarizing the fruits of other people's labor is not earning, and it will also cause serious harm to the person concerned, and the consequences are also very serious.
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Should. It is illegal to plagiarize others, and you must get the consent of others, and if the singing work involves plagiarism, you must be held responsible.
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I think it is responsible, this kind of thing does not comply with one's own professional ethics, and one has the right to defend one's own work.
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I think we should be responsible, which consumes the feelings of the audience and infringes on the legitimate rights and interests of the original creator.
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Legal analysis: Song plagiarism violates China's intellectual property law and tort liability law, and the criteria for judging plagiarism are: whether the plagiarist has had access to the plaintiff's work, and whether the work is substantially similar to the defendant's work.
Legal basis: Copyright Law of the People's Republic of China: Article 28: Publishers, performers, producers of audio and video recordings, radio stations, television stations, etc., that have obtained the right to use the copyright of others in accordance with this Law must not infringe upon the author's right to sign the book, the right to revise, the right to protect the integrity of the work, and the right to receive remuneration.
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No matter what kind of circle it is, it attaches great importance to copyright issues, about the remake of the cover song MV, in the case of marking the name of the original song, is it still infringement and plagiarism? I think it needs to be discussed on a case-by-case basis, mainly for the following reasons. First of all, even if you cover other people's songs and MVs, it is not possible to mark the original song and the source, and you need to obtain the consent of the original person before you can use it, otherwise it will be considered infringement.
Secondly, if the original creator goes to the court to sue on this matter, there is a high probability that he can win the lawsuit. If you use someone else's song without permission, you need to negotiate with yourself and reach an agreement first. Finally, in the case of marking the name of the original singer, it is also considered a copyright infringement, and the original singer can demand compensation from the other party and stop using the MV and song.
In the entertainment industry, artists also pay great attention to copyright issues, and they must first obtain copyright to use other people's intellectual achievements.
1. Get in touch with the original author in advance and reach an agreement.
Second, the original author can sue to protect his intellectual property rights.
If the original creator goes to court to sue for this matter, there is a high probability that he can win the lawsuit. If you use someone else's song without permission, you need to negotiate with yourself and reach an agreement first.
3. The original author can claim compensation.
In the case of marking the name of the original singer, it is also considered a copyright infringement, and the original singer can demand compensation from the other party and stop using the MV and song. In the entertainment industry, artists also pay great attention to copyright issues, and they must first obtain copyright to use other people's intellectual achievements.
It is important to note that intellectual property rights are very important to creators, and unauthorized use of someone else's work is subject to prosecution. Regarding the remake of the cover song MV, is it still infringement and plagiarism if the original singer's name is marked? If you have anything else you would like to add, please leave a message below the comment area.
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As long as you don't get the authorization letter, whether you mark the name of the original song or not, it is considered plagiarism and infringement.
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Legal Analysis: Responsible. In the provisions of China's law, to define whether a work is plagiarism, it is generally defined by "contact + substantial similarity".
"Contact" is also divided into two situations, one is the case that the ** work itself has been widely disseminated, and if there is another song that is similar, then it can be determined as plagiarism.
Legal basis: Article 47 of the Copyright Law of the People's Republic of China Article 47 Where any of the following infringements is committed, civil liability such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances:
1) Publishing a work without the permission of the copyright owner;
2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;
3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;
4) Distorting or tampering with the works of others;
5) Plagiarizing the works of others;
6) Without the permission of the copyright owner, the work is used by means of exhibition, filming, or methods similar to filming, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law;
7) Failure to pay remuneration for the use of another person's work;
8) Leasing works or audio or video recordings without the permission of the copyright owner of a film work or a work created by a method similar to that of a film, computer software, or audio or video recording, or the rights holder related to copyright, except as otherwise provided in this Law;
9) Without the permission of the publisher, using the layout design of the books or periodicals they publish;
Without the performer's permission, broadcasting or publicly transmitting their live performance, or recording their performance;
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Legal analysis: the lyrics, songs and songs of music can become independent works respectively, and the composition is plagiarized, and the music is compared separately, but it depends on the type of composition, whether it is a legal person work, if the company hires the composer, the company bears external responsibility, if the composer himself creates and transfers it to the company, then the composer and the company bear joint and several liability externally, and the singer sings without authorization, which must constitute infringement, infringement of performance rights, distribution of infringing distribution, reproduction of soft, in short, infringement of copyright, and demand to stop infringement and compensation.
Legal basis: Copyright Law of the People's Republic of China Article 49 In order to protect copyright and copyright-related rights, the right holder may take technical measures. Without the permission of the right holder, no organization or individual may intentionally circumvent or destroy technical measures, shall not manufacture, import or provide relevant devices or components to the public for the purpose of avoiding or destroying technical measures, and shall not deliberately provide technical services for others to circumvent or destroy technical measures.
However, there is an exception for situations that can be avoided as stipulated by laws and administrative regulations on demolition and burial. "Technological measures" as used in this Law refers to effective technologies, devices, or components used to prevent or restrict the viewing and appreciation of works, performances, audio or video recordings without the permission of the rights holders, or to provide works, performances, audio or video recordings to the public through information networks.
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After we find that our work has been plagiarized and infringed, we can protect our legitimate rights and interests through the following methods.
After the work is plagiarized and infringed, we can find the plagiarist and negotiate privately, whether to ask the plagiarist to remove the infringing content from the shelves or give a license fee to use it legally. If the negotiation fails, you need to protect your rights in the following three ways.
2. Feedback infringing materials and information through the platform to protect rights (mainly through negotiation, suitable for situations without too much interest disputes).
or provide proof of original works + collected evidence of infringement, and give feedback to the platform on the infringing works, and now most platforms are gradually improving the protection of originality, and basically will deal with it in a timely manner.
3. File a lawsuit and protect your rights and interests through the judiciary (it is best to find a ** agency).
This is the ultimate means to solve the dilemma, if the above two ways can not be solved, you can pick up the law to protect your own interests. It should be noted that the most important thing in filing a lawsuit to protect rights is the improvement of the evidence chain (the collection of evidence requires a third-party certification agency to be effective), so it will be more troublesome and take a long time.
4. Connect with the third-party rights protection platform and protect your own rights.
Now there are many first-class rights protection platforms on the Internet, such as Zhizhou Yunzheng, and you can find a reliable platform for carte bligna. A professional rights protection platform will definitely have a higher success rate in handling infringement incidents than itself.
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It is illegal to plagiarize songs. The criteria for judging plagiarism are:
1. Common ** motives cannot be used as the basis for judging whether plagiarism is plagiarized, such as 67123, 632, etc.;
2. Common performance techniques cannot be used as the basis for judging whether plagiarism is plagiarized, such as sudden stop, drop, etc.;
3. The same melody of a single sentence cannot be used as a basis for judging whether it is plagiarized, such as the poet's work and the enthusiastic duelist;
4. The same rhythmic pattern cannot be used as the basis for judging whether it is plagiarized, unless there is a particularly obvious plagiarism of pure percussion passages, such as the combination of dotted quarter notes before the four-flat triplet.
Where any of the following infringements is committed, civil liabilities such as stopping the infringement, eliminating the impact, publicly apologizing, and compensating for losses shall be borne according to the circumstances, and administrative grants or penalties such as confiscation of illegal gains and fines may be given by the administrative copyright management departments:
1. Plagiarism or plagiarism of others' works;
2. Without the permission of the copyright owner, for the purpose of profit, copying and distributing his works;
3. Publishing books for which others have exclusive publishing rights;
4. Without the permission of the performers, making audio or video recordings of their performances and publishing them;
5. Reproducing and distributing audio or video recordings produced by the producer without the permission of the producer of the audio or video recording;
6. Reproducing and distributing radio or television programs produced by radio or television stations without the permission of radio or television stations;
7. Producing or counterfeiting art works signed by others.
Legal basis: Article 217 of the Criminal Law of the People's Republic of China.
Crime of Copyright Infringement] Where there is any of the following circumstances of infringement of copyright 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 is to be given, and/or a fine; 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) Without the permission of the copyright owner, reproducing, distributing, or disseminating to the public through information networks, their written works, fine arts, audio-visual works, computer software, and other works provided for by laws and administrative regulations;
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 permission of performers, reproducing and distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks;
5) Producing or counterfeiting works of art signed by others;
6) Without the permission of the copyright owner or copyright-related rights holders, intentionally circumventing or undermining the technical measures taken by the rights holders to protect copyrights or copyright-related rights for their works, audio or video recordings, and so forth.
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3. Definition of plagiarism in all:
There are also two points based on the judgment:
1. There should be more than 8 bars of continuity.
2. The main chord in the whole ** accompaniment is basically the same, and the genus chords are 60% similar.
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If you are using it for commercial purposes to obtain profits.
Be original and then sue you.
And there is ample evidence that you are plagiarizing his songs.
Then you need to be responsible.
After all, there is now more and more attention to domestic copyright awareness.
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