How many seconds of music use does not count as infringement

According to relevant information query, it shows that cover infringement has nothing to do with time. If infringement is determined, there must be evidence to prove it. If a song is played for 3 seconds, but these 3 seconds are unique and can be proven, it is an infringement.

Use without permission is an infringement of copyright, even for a short period of time. The key to this issue lies in whether the perpetrator is a legal person or a natural person. If a natural person provides music for his or her own enjoyment, in his or her own car or in his or her own private home, this behavior is within the scope of fair use and does not constitute infringement. If the act is performed by an organization, providing background music for a business environment, and playing it in a public place without the permission of the copyright owner, it is illegal. What you want to ask is how many seconds does it take to mix and edit an online video without infringement? There is no limit to this.

According to the laws of our country, when introducing and commenting on a certain work or explaining a certain issue, you can appropriately quote film clips. But the law does not clearly define the length of a clip. As of June 2018, the number of video users reached 609 million, accounting for 76% of the total Internet users. Short videos have become the latest "traffic depression" on the Internet. Even traditional video websites such as iQiyi and Youku have entered the game to encourage payment for high-quality short video content. With the production of a large number of short videos, infringement was almost inevitable in the past. It has been regarded as the norm by everyone. There are very few people defending rights. The basic function of combating infringement relies on interviews and warnings from the National Copyright Administration. On September 14, 2018, the National Copyright Administration interviewed 15 short video platforms including Douyin, Kuaishou, Xigua Video, and Huoshan Video, and removed 570,000 suspected infringing and pirated short video works from their shelves, including some The account is permanently banned or points are deducted. Also in September 2018, Douyin took Baidu to court over a 15-second short video.

Infringement behavior manifests itself in the illegality of using other people’s works. First, using other people’s works without the permission of the rights holder; second, using other people’s works without legal basis, including using other people’s works not in accordance with the conditions of use of copyright regulations.

It is not used for profit and will generally not be considered as infringement

Today, as awareness of music copyright protection is gradually increasing, when using non-original music in short videos, in order to avoid Regarding the risk of infringement, it is recommended that the producer directly contact the music copyright holder or the Musical Copyright Association to obtain authorization, and indicate the copyright holder information of the musical work at the beginning and end of the film to avoid infringement lawsuits.

Legal basis:

"Copyright Law of the People's Republic of China"

Article 47 If there are any of the following infringements, the following infringements shall be made according to the circumstances. Bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:

(1) Publishing the work without the permission of the copyright owner;

(2) Without cooperation With the permission of the author, the work created in collaboration with others is published as a work created solely by oneself;

(3) Without participating in the creation, in order to seek personal fame and fortune, the author signs the work of others;

(4) Distorting or tampering with other people’s works;

(5) Plagiarizing other people’s works;

(6) Exhibiting, making films, and Use of works in a manner similar to filmmaking, or use of works in the form of adaptation, translation, annotation, etc., except as otherwise provided for in this law;

(7) Remuneration should be paid for the use of other people's works but has not been paid

(8) Leasing the works or recordings without the permission of the copyright holders of film works and works created by similar methods of making films, computer software, audio and video products, or the rights holders related to copyrights Video products, except as otherwise provided for in this Law;

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

(10) Broadcasting or publicly transmitting live performances, or recording performances without the permission of the performers; (11) Other infringements of copyright and copyright-related rights and interests.