Current location - Music Encyclopedia - NetEase Cloud Music - Is the use of BGM in editing considered infringement?
Is the use of BGM in editing considered infringement?

Whether the use of BGM for editing counts as infringement depends on the circumstances:

1. Adding background music after making an independent video falls into the category of mechanical performance and does not constitute infringement. If the performance does not charge fees to the public, nor pay remuneration to the performer, it is a fair use of the work, and no remuneration is required without the permission of the copyright owner. However, the name of the author and the title of the work should be specified;

2. If there is a fee, or fees are charged directly or indirectly by publishing paid advertisements, etc., it is an infringement and you need to bear legal liability for infringement of intellectual property rights. .

Legal basis: Article 24 of the "Copyright Law of the People's Republic of China"

In the following circumstances, works may be used without the permission of the copyright owner, and no copyright shall be disclosed to him or her. Remuneration shall be paid, but the name of the author and the title of the work shall be specified, and the normal use of the work shall not be affected, nor shall the legitimate rights and interests of the copyright owner be reasonably damaged:

(1) For personal study and research Or appreciate or use the published works of others;

(2) To introduce or comment on a certain work or explain a certain issue, appropriately quote the published works of others in the work;

(3) In order to report news, it is inevitable to reproduce or quote published works in newspapers, periodicals, radio stations, television stations and other media;

(4) Newspapers, periodicals, radio stations, television stations, etc. The media publishes or broadcasts current affairs articles on political, economic, and religious issues that have been published by other newspapers, periodicals, radio stations, television stations, etc., except where the copyright owner has stated that they are not allowed to be published or broadcast;

(five ) newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, except where the author declares that they are not allowed to be published or broadcast;

(6) For school classroom teaching or scientific research, Translate, adapt, assemble, broadcast or reproduce in small quantities published works for use by teaching or scientific researchers, but shall not be published or distributed;

(7) State agencies use published works within a reasonable scope for the purpose of performing official duties Works;

(8) Libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., reproduce works collected by the library for the purpose of display or preservation of versions;

( 9) Performing published works for free, the performance does not charge fees to the public, nor pays remuneration to the performers, and is not for profit; *Copying, painting, photography, and video recording of artistic works in the venue;

(11) Translate into minority languages ??the works that have been published by Chinese citizens, legal persons, or unincorporated organizations and are created in the national common language. Written works are published and distributed domestically;

(12) Provide published works to people with dyslexia in an accessible manner that they can perceive;

(13) Legal, administrative Other circumstances specified by regulations.

The provisions of the preceding paragraph shall apply to restrictions on rights related to copyright.