Whether a piece of music is used as the BGM of a video depends on the circumstances.

After making an independent video and adding background music, it falls into the category of mechanical performance. According to the law, if a published work is performed for free without charging the public or paying the performer, it is a fair use of the work, and the copyright owner does not need to obtain permission or pay remuneration to the performer. However, the name of the author and the title of the work should be specified, and other rights enjoyed by the copyright owner in accordance with the law should not be infringed. In other words, the video after adding background music, public release, etc. are free and do not constitute infringement. However, if there is a fee, or if 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.

Article 22 of the Copyright Law of the People's Republic of China: Under the following circumstances, a work may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the name of the author and the work must be specified. name, and shall not infringe other rights enjoyed by the copyright holder in accordance with this law:

(1) Use the published works of others for personal study, research or appreciation;

(2) In order to introduce and comment on a certain work or explain a certain issue, appropriately cite the published works of others in the work;

(3) To report current affairs news, in newspapers, periodicals, radio stations, television stations and other media Unavoidably reproduce or quote published works;

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

(5) Articles published or broadcast at public gatherings by newspapers, periodicals, radio stations, television stations and other media Speeches, except those where the author declares that they are not allowed to be published or broadcast;

(6) For school classroom teaching or scientific research, translate or copy a small amount of published works for use by teaching or scientific researchers, but they are not allowed to be published or distributed ;

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

(8) Libraries, archives, memorial halls, museums, art galleries, etc. Reproduction of works collected by the museum for display or preservation purposes;

(9) Free performance of published works, with no fees charged to the public or remuneration paid to the performers;

(10) Copying, painting, photographing, and videotaping works of art installed or displayed in outdoor public places;

(11) Copying, painting, photographing, or videotaping works of art that have been installed or displayed by Chinese citizens, legal persons, or other organizations Published works written in Chinese language are translated into minority languages ????and published and distributed domestically; (12) Published works are converted into Braille for publication. 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.