Can the music that can be downloaded for free from Kugou be used as video background music? Does it constitute infringement? (I will mark the author’s name and song title, and it will not be used for

Can the music that can be downloaded for free from Kugou be used as video background music? Does it constitute infringement? (I will mark the author’s name and song title, and it will not be used for commercial purposes.)

The copyright owner of the song enjoys copyright in the song according to law. There are many situations in which using other people’s songs as background music may infringe copyright. For details, please refer to the provisions of Articles 47 and 48 of my country’s Copyright Law. But at the same time, there are also some situations that will not constitute infringement. You can refer to the provisions of Article 22 of my country’s Copyright Law.

Legal provisions

Possible infringement situations

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

(2) ) Without the permission of the co-author, publish the work created in collaboration with others as a work created alone; (3) Without participating in the creation, in order to seek personal fame and fortune, sign on other people's works;

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

(5) Plagiarizing other people’s works;

(6) Exhibiting, making movies, or making similar films without the permission of the copyright owner Use the work in the form of a movie, or use the work in the form of adaptation, translation, annotation, etc., except as otherwise provided for in this law;

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

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

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

(10) Without performing Live broadcast or publicly transmit the live performance, or record the performance with the permission of the author;

(11) Other infringement of copyright and copyright-related rights and interests.

Article 48 Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; if it harms the interests of the public at the same time, the copyright owner may The administrative department shall order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and may impose a fine; in serious cases, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used for making infringing copies; If a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Anyone who reproduces, distributes, performs, screens, broadcasts, compiles, or disseminates his works to the public through information networks without the permission of the copyright owner shall also be subject to this law. Except where there are provisions;

(2) Publishing books for which others have exclusive publishing rights;

(3) Copying and distributing recordings of performances without the permission of the performer audio and video products, or disseminating performances to the public through information networks, except as otherwise provided for in this law;

(4) Copying, distributing, or disseminating to the public through information networks without the permission of the producers of audio and video recordings Disseminating the audio and video recordings produced by them, except as otherwise provided for in this Law;

(5) Playing or copying radio or television without permission, except as otherwise provided for in this Law;

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(6) Without the permission of the copyright owner or the copyright-related right holder, deliberately avoids or destroys the technical measures taken by the right holder to protect the copyright or copyright-related rights for his works, audio and video products, etc., the law shall , except as otherwise provided by administrative regulations;

(7) If one intentionally deletes or changes the rights management electronic information of works, audio and video products, etc. without the permission of the copyright owner or copyright-related rights holder, the law shall , except as otherwise provided by administrative regulations;

(8) Producing and selling works that counterfeit the signature of others.

Circumstances that do not constitute infringement

Article 22: Under the following circumstances, the 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, The title of the work shall not infringe upon other rights enjoyed by the copyright holder in accordance with this Law:

(1) Using other people’s published works 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, etc. Unavoidable reproduction or quotation of published works in the media;

(4) Newspapers, periodicals, radio stations, TV stations and other media publish or broadcast works that have been published by other newspapers, periodicals, radio stations, TV stations and other media 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) Published or broadcast in newspapers, periodicals, radio stations, television stations and other media and published at public gatherings 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 shall not be published Issuance;

(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. Copying works collected by the museum for the purpose of display or preservation;

(9) Performing published works for free, without charging the public or paying the performers; (10) ) Copying, painting, photographing, and videotaping works of art installed or displayed in outdoor public places;

(11) Copying, painting, photographing, and videotaping works in Chinese that have been published by Chinese citizens, legal persons, or other organizations The created works are translated into minority languages ??and written works and published domestically;

(12) Convert already published works into Braille for publication.

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

Article 23 Textbooks compiled and published for the purpose of implementing the nine-year compulsory education and the national education plan may be compiled into textbooks and published without the permission of the copyright owner, unless the author declares in advance that they are not allowed to be used. Fragments of works or short written works, musical works or single-frame works of art or photographic works, but the remuneration must be paid in accordance with regulations, the name of the author and the title of the work must be specified, and other rights enjoyed by the copyright owner in accordance with this law shall not be infringed.

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

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