Is there any copyright on background music?

We know that literary works, original songs, paintings, sculptures, etc. all enjoy their own copyright. We can often see in some film and television works that in addition to some theme songs and interludes, there is often some background music. So what is the background music? Copyright? The editor of Legal Savior Network will introduce the relevant legal regulations to you.

Is there any copyright to the background music

Background music is copyrighted.

1. Definition of copyright

We must first understand the legal concept of copyright. Copyright is authorship, which refers to the rights (including property rights and personal rights) that authors of literary, artistic, and scientific works enjoy over their works. Copyright is a type of intellectual property that consists of works in the natural sciences, social sciences, and literature, music, drama, painting, sculpture, photography, and cinematography.

2. Is there any copyright to the background music

The answer is yes. Copyright also has a certain protection period. If it expires, it can be used for free.

The protection period of copyright property rights is as follows, depending on the nature of the work and the subject of the copyright.

1. The period during which the author is a citizen

The protection period is the author's lifetime and 50 years after the death, ending in December of the 50th year after the author's death. 31st; if it is a joint work, the deadline is December 31st of the 50th year after the death of the last author.

2. Period when the author is a legal person or other organization

The protection period is 50 years, ending on December 31 of the 50th year after the work was first published; but if the work is not published within 50 years from the completion of the creation, the Copyright Law No longer protected.

3. Duration of special works

Film works and creations using methods similar to filmmaking For photographic works, the protection period is 50 years, ending on December 31 of the 50th year after the work was first published; however, if the work is not published within 50 years after the creation, the copyright law will no longer protect it.

Works of unknown author, for which useThe protection period of the right and the right to receive remuneration is 50 years after the first publication of the work. The "unidentified" author here mostly refers to the situation where it is difficult to determine the author's identity because the work is published under a pseudonym, a pseudonym, a pseudonym, or without a signature. If the author is identified within 50 years, the protection period of his copyright shall be as specified.

3. Copyright acquisition

There are two ways to obtain copyright: automatic acquisition and registration. In China, according to the copyright law, copyright automatically becomes available upon completion of the work. The so-called completion is relative. As long as the object of creation meets the statutory conditions for the composition of a work, it can be protected by copyright law as a work. In theory, copyright can be divided into authorship rights and related rights according to their different natures. To put it simply, copyright is for those who create relevant spiritual products, while the concept of neighboring rights is for participants in related industries who perform or assist in disseminating the carrier of the work, such as performers and producers of audio and video products. , radio and television stations, publishing houses, etc.

The above are the relevant legal provisions regarding copyright. Background music obviously also enjoys its own copyright. However, if some background music is old and has exceeded the protection period, it can be used for free. If it has not expired, you need to pay to use it. If you have other questions, you can seek legal consultation on our legal savior website.