Is it infringement not to make commercial adaptation of lyrics?

The adaptation of lyrics, if commercialized or disseminated, infringes on the author's copyright. If it is just for self-entertainment, it generally does not involve infringement.

Whether the adaptation of lyrics is infringing depends on whether there is authorization from the author. They are:

(1) If the lyrics are adapted after the permission of the copyright owner, it is not an infringement of the author's copyright;

(2) However, it is an infringement to adapt the lyrics without the permission of the copyright owner. If the adapted lyrics have been published and gained profits, the infringing works should be deleted and the rights holders should be compensated for their losses.

There are several forms of civil liability for copyright infringement:

(1) Stop the infringement: Stop the infringement means that the actor is committing copyright infringement, and the obligee has the right to request the court to order the actor to stop his illegal act immediately;

(2) Eliminating the influence and publicly apologizing: This form of civil liability is mainly applicable to the damage of personal rights of works. The scope of eliminating the influence is roughly the same as that caused by the infringement. The form of public apology can be oral, written or published in newspapers and periodicals, and the scope should also be commensurate with the severity of the infringement. Under normal circumstances, eliminating influence and apologizing are combined;

(3) Compensation for losses: mainly applicable to infringement of property rights of works. However, if other forms of civil liability are not enough to quell the damage caused by the obligee and punish the wrongdoer, the form of civil liability can also be applied. The scope of compensation is generally based on the actual losses suffered by the obligee, and the wrong party shall compensate the obligee for all the losses suffered. In the case that the loss suffered by the obligee is not easy to calculate, the illegal income of the infringer can also be compensated as the loss of the obligee.

How to sue for copyright infringement?

1, collect and sort out relevant evidence materials;

2. Prove that the copyright itself suspected of infringement is established;

3. Prove the existence of infringement and the specific ways of infringement. In the case that the defendant uses the plaintiff's works or the object of neighboring rights without authorization, the plaintiff should provide evidence to prove that the infringement was committed by the defendant and was used by the defendant;

4. Choose the court with jurisdiction;

5. Measures before prosecution. As a plaintiff, we should consider applying for pre-litigation injunction, evidence preservation and property preservation. This is mainly to prevent the defendant from continuing infringement, fix some important evidence and ensure the actual economic compensation after winning the case.

6. file a case and prepare for the trial;

7. Require the defendant to bear legal responsibility.

To sum up, Bian Xiao's relevant answer is whether it is infringement not to do commercial adaptation of lyrics. I hope I can help you.

Legal basis:

Article 22 of the Copyright Law of People's Republic of China (PRC) * * * Where a work is used under any of the following circumstances, it may be used without the permission of the copyright owner and without payment to him, but the name of the author and the name of the work shall be specified, 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.