Is bgm that regards a piece of music as a video an infringement?

Whether bgm that regards a piece of music as a video is infringing depends on the situation.

Making an independent video with background music belongs to the category of mechanical performance. According to the law, if a published work is performed free of charge, and the performance does not charge the public or pay remuneration to the performer, it belongs to the fair use of the work, and the copyright owner can be exempted from licensing and paying remuneration. However, the name of the author and the title of the work shall be clearly stated, and other rights enjoyed by the copyright owner according to law shall not be infringed. In other words, the video and public release after adding background music are free and do not constitute infringement. However, if there are fees, or if fees are charged directly or indirectly by publishing paid advertisements, it is an infringement and requires legal responsibility for infringing intellectual property rights.

legal ground

Article 22 of the Copyright Law of People's Republic of China (PRC) may, under the following circumstances, use a work without permission and without payment to the copyright owner, but the author's name and the name of the work shall be clearly stated, and other rights enjoyed by the copyright owner according to 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.