1. Does downloading songs infringe copyright?
1. According to my country’s Copyright Law It stipulates that whether downloading a song will infringe copyright depends on the way the person downloads it. If it is downloaded from a regular website, it will not infringe copyright. If it is pirated next time, it will infringe copyright.
2. Legal provisions: "Copyright Law of the People's Republic of China"
Forty-eight Article 1 Anyone who commits the following infringement acts shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; if the public interest is harmed at the same time, the copyright administrative department may order the infringement act to cease, confiscate the illegal gains, and confiscate, Infringing copies may be destroyed and a fine may be imposed; in serious cases, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Copying, distributing, performing, screening, broadcasting, compiling, or disseminating the work to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this law ;(2) Publishing books for which others have exclusive publishing rights;
( 3) Copying and distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through information networks, unless otherwise provided for in this law;
(4) Copying, distributing, and disseminating to the public through information networks the audio and video products produced without the permission of the audio and video producers, 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;
(6) Without the copyright owner orWithout the permission of the copyright-related right holder, intentionally avoid or destroy the technical measures taken by the right holder to protect the copyright or copyright-related rights for its works, audio and video products, etc., unless otherwise provided for by laws and administrative regulations;
(7) Intentionally deleting or changing 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, Except as otherwise provided by administrative regulations;
(8) Producing and selling works that counterfeit the signature of others.
2. What causes the proliferation of online music copyright disputes
1. A reasonable licensing model for online music platforms has not been formed.
In the past few years, various online music platforms have gone through a process from having no authorization from record companies to obtaining non-exclusive authorization from about ten record companies. In 2014 In 2017, some major music platforms obtained exclusive authorization from record companies and rushed to seize music resources. This led to constant lawsuits and disputes, and also caused the price of music copyrights to soar. So far, no music platform has made a profit. Internationally, online music platforms already have relatively mature experience in licensing models, such as ** companies, but reasonable licensing models for Chinese music platforms still need further exploration.
2. Online music platforms still lack a good business model.
Some people may say that business models have little to do with copyright protection, but in fact if the business models of music platforms cannot be profitable, these platforms will not be sustainable. Purchasing copyrights from copyright owners does not protect music copyrights. Regarding the business model, some people think that it is a model of charging users. In fact, a good business model is not completely equivalent to a charging model. Each music platform should make full use of its own technical advantages and combine high-quality resources to develop unique and personalized products. Attract users with good products and form a reasonable business model. Charging users is only one of many business models.
3. The majority of netizens’ awareness of copyright protection needs to be further improved.
Start from me, consciously do not buy or use pirated copies, and pay for genuine music. If the online music platform solvesOnce the above two issues are resolved, coupled with the gradual improvement of Internet users' awareness of copyright protection, I believe that the situation of music copyright protection in our country will fundamentally improve.
The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of my country’s Copyright Law, whether downloading a song will infringe copyright depends on the way the party downloads it. It depends. If you download it from a regular website, it will not infringe the copyright. If you pirate the song next time, it will infringe the copyright. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
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