The copyright owner of a song enjoys the copyright of the song according to law, and there are many cases where using other people's songs as background music may infringe the copyright. See Articles 47 and 48 of China's Copyright Law for details. But at the same time, there are some cases that will not constitute infringement, so we can refer to the provisions of Article 22 of China's Copyright Law.

legal provision

Possible infringement

(1) publishing his work without the permission of the copyright owner;

(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author; (three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;

(4) distorting or tampering with other people's works;

(5) Plagiarizing other people's works;

(6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law;

(seven) the use of another person's work, which should be paid but not paid;

(8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law;

(9) Using the layout design of books and periodicals published by publishers without their permission;

(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;

(eleven) other acts of infringement of copyright and copyright-related rights and interests.

Article 48 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances. At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine; If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law;

(2) Publishing books with exclusive publishing rights enjoyed by others;

(3) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks, unless otherwise provided for in this Law;

(4) Reproduction, distribution and dissemination of audio and video products made by the producers of audio and video recordings to the public through information networks without the permission of the producers, except as otherwise provided for in this Law;

(5) broadcasting or reproducing radio and television without permission, except as otherwise provided by this Law;

(six) without the permission of the copyright owner or copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Except as otherwise provided by laws and administrative regulations;

(7) Deliberately deleting or changing electronic information on rights management such as works, audio-visual products, etc. Without the permission of the copyright owner or copyright-related obligee, except as otherwise provided by laws and administrative regulations;

(eight) the production and sale of works signed by others.

Circumstances that do not constitute infringement

Article 22 Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:

(a) for personal study, research or appreciation of the use of other people's published works;

(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;

(3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast;

(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;

(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;

(seven) the use of published works by state organs within the reasonable scope of performing official duties;

(eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library;

(9) Performing published works for free, without charging fees to the public or paying remuneration to the performers; (ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;

(eleven) China citizens, legal persons or other organizations written in Chinese and published in China;

(12) Published works are published in Braille.

The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.

Article 23 When compiling and publishing textbooks for the implementation of the nine-year compulsory education and the national education plan, unless the author declares in advance that they are not allowed to be used, published pieces of works, short stories, musical works or single works of art and photography may be incorporated into the textbooks without the permission of the copyright owner, but remuneration shall be paid in accordance with the regulations. Marking the name of the author and the name of the work shall not infringe upon other rights enjoyed by the copyright owner in accordance with this Law.

The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.

Conclusion: The above situations are possible infringement and those that do not constitute infringement, which can be avoided according to the law.