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Unauthorized Use of Music in Short Videos Raises Copyright Concerns; User Pays $2800 in Damages

Unauthorized Use of Music in Short Videos Raises Copyright Concerns; User Pays $2800 in Damages

Julian

2023-07-23


As short videos have become a popular form of entertainment content, adding background music has become an essential element to enhance the audio-visual experience. However, using music without proper authorization may lead to copyright infringement issues. Recently, the People's Court of Tongxiang, Zhejiang Province, handled a case related to the infringement of information network transmission rights.

Xiaoxu Music is a well-known music production company in China. In 2022, Xiaoxu Music granted the necessary rights and authorization for the use of their music works, including 'City of Moon,' in internet advertisements with synchronized audio and video, to a certain intellectual property company in Zhejiang. Subsequently, the intellectual property company found that a business company in Tongxiang was using a music clip from Xiaoxu Music's 'City of Moon' in the promotional page of their online store. The intellectual property company filed a lawsuit in court, seeking compensation for the damages incurred.

Unauthorized Use of Music in Short Videos Raises Copyright Concerns; User Pays $2800 in Damages

The court concluded that since the business company in Tongxiang did not gain significant profits from using the music and the intellectual property company had incurred necessary expenses for evidence collection and rights protection, an agreement on the compensation amount was reached through mediation. In the end, the business company in Tongxiang agreed to compensate the intellectual property company in Zhejiang with 2800 yuan and paid the compensation on the spot.桐乡某商务公司未经许可在其开设的网店页面向公众展示《望月之城》的音乐片段,侵害了浙江某知识产权公司对该作品享有的信息网络传播权。桐乡某商务公司虽已停止侵权,但仍需赔偿相应损失。

The handling judge stated that typically, short video platforms require users to guarantee that the uploaded audio and other materials are either their original creations or obtained with proper authorization. Therefore, producing and uploading videos with unauthorized background music could potentially constitute copyright infringement.

Unauthorized Use of Music in Short Videos Raises Copyright Concerns; User Pays $2800 in Damages


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