Is it an infringement to play music on the radio?

The subjectivity of law: 1. Is it an infringement to give a video soundtrack? Performances include live performances and mechanical performances. The former refers to performers performing works to live audiences, such as playing music and singing songs. The latter refers to the act of spreading recorded performances to the public in the form of material carriers such as records and CDs, such as playing background music in public places such as shopping malls, hotels, airplanes and trains. Specifically, it is to add background music after shooting the video, which 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 in accordance with this 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. What are the acts of copyright infringement? (1) The fact of infringement is that the actor uses the copyright owner's works, performances, audio-visual products, radio and television programs without the permission of the copyright owner and in accordance with the conditions of use stipulated in the Copyright Law. Copyright infringement, without the consent of the author and other copyright owners, is not a case of fair use and legal use, but an unauthorized use of the work, so it is a violation of copyright law. This kind of infringement may damage the personal rights and property rights of other people's works at the same time. For example, illegally copying other people's works may only infringe on the property rights of other people's works, while counterfeiting other people's works often infringes on the personal rights and property rights of other people's works at the same time. (2) the behavior is illegal. Copyright is an absolute right, and everyone has the obligation of inaction that cannot infringe this right. Others must abide by the relevant provisions of the copyright law and other laws when using copyrighted works. If the actor violates the law, his behavior is illegal. As for works that are not protected by China's copyright law, works that fail to obtain copyright, or "works" that have entered the public domain, there is no infringement problem when others use them. (3) The actor is subjectively at fault. The so-called fault refers to the mental state held by the infringer on his own tort and its consequences, including intentional and negligent forms. Most acts of copyright infringement are intentional; There are also a few that can be constituted by intention or negligence. Distinguishing the forms of fault is of certain significance for determining the legal responsibility of the infringer. Generally speaking, the legal liability of intentional infringement is heavier than that of negligent infringement. 3. What does copyright include? (1) Personal rights The personal rights of a work refer to the right of the author to gain fame and prestige and maintain the integrity of the work by creating a work that expresses his personal style. This right is enjoyed by the author for life and cannot be transferred, deprived or restricted. After the author dies, he is generally protected by his heirs or legal institutions. According to the provisions of China's copyright law, the personal rights of works include: 1. The right to publish, that is, the right to decide whether a work is published publicly; 2. The right of authorship, that is, the right to show the identity of the author and sign his name on the work; 3. The right to modify, that is, the right to modify or authorize others to modify the work; 4. The right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering. Also known as the spiritual right of works, it refers to the right of the author to his works that is related to the person or inseparable from direct property content. The characteristics are as follows: 1. The personal rights of the whole work are not transferable; 2. Inalienability; 3. The inheritability of individual rights (such as the right of publication); 4. Permanence of personal rights of works. (II) Property right The property right of a work is the author's right to use his own work and be used by others, with material interests as its content. The content of the property right of the work specifically includes: 1. The right of reproduction means the right to make one or more copies of a work by printing, copying, rubbing, audio recording, video recording and copying. 2. The right of distribution, that is, the right to provide the original or copy of the work to the public by way of sale or gift; 3. The right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent; 4. The right to exhibit, that is, the right to publicly display the originals or copies of artistic works and photographic works; 5. The right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways; 6. The right to show, that is, the right to publicly copy the art, photography, movies and works created by technical equipment such as projectors and slide projectors in a way similar to filming; 7. The right to broadcast, that is, the right to broadcast or disseminate works in public by wireless means, broadcast works to the public by wired or rebroadcast means, and broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images; 8. The right of information network communication, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place they choose; 9. The right to make a film, that is, the right to fix a work on a carrier by making a film or by similar means; 10. the right of adaptation, that is, the right to change a work and create a new work with originality; 1 1. Translation right, that is, the right to convert a work from one language to another; 12. the right to assemble, that is, the right to assemble a work or a piece of work into a new work through selection or arrangement; 13. and other rights that copyright owners should enjoy. To sum up, you need the permission of the music copyright owner to distribute the music to the video, otherwise it is an infringement, but if it is released to the public free of charge, it belongs to the category of fair use, not infringement. Legal objectivity: Article 47 of the Copyright Law of People's Republic of China (PRC) commits one of the following infringements, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances: (7) paying the remuneration for using other people's works, but failing to pay; (8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law; (9) Using the layout design of books and periodicals published by publishers without their permission; (10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer; (eleven) other acts of infringement of copyright and copyright-related rights and interests.