[Direct answer]In the Beijing area, covering others' songs during live streaming generally requires obtaining authorization. According to the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021), music copyright holders enjoy rights such as the right to perform, the right to broadcast, and the right to disseminate on information networks. Singing others' works during online live streaming may involve performing the works and disseminating them online, so it is generally necessary to obtain the copyright holder's permission and pay corresponding royalties. Only when it meets statutory circumstances such as fair use may it not constitute infringement, such as using it for personal study, research, or appreciation, or making appropriate quotations for introduction or commentary; but live streaming cover versions for profit-making purposes and targeting the general public generally difficult to constitute fair use. It should be noted that covering songs not only involves the copyright of songwriters, but may also involve related rights such as those of audio producers. Both streamers and live-streaming platforms may face legal responsibilities. To avoid risks, streamers should obtain authorization through formal channels or use music libraries that have already obtained authorization; live-streaming platforms should also establish copyright protection mechanisms and fulfill obligations such as notifying and deleting infringing content.

1. Problem background and typical scenarios

Online live streaming has become increasingly popular, and the copyright issues arising from live cover performances have drawn increasing attention. There are three typical scenarios: first, streamers sing other people's songs in profit-making live streams; second, streamers upload the replay videos for on-demand viewing after singing; third, platforms fail to establish authorized song libraries, and streamers freely cover popular songs. When courts in Beijing handle such cases, they will review whether the cover performances have obtained authorization, whether they constitute fair use, whether they are of a commercial nature, and their impact. Streamers, platforms, and rights holders should all understand the relevant rules: streamers need to pay attention to obtaining authorization, platforms need to fulfill their obligations of copyright protection and notice and takedown, and rights holders can claim cessation of infringement and compensation according to law.

II. Key points of contention

Firstly, what copyright rights are involved in live cover performances. Secondly, whether it is necessary to obtain authorization and pay royalties. Thirdly, the applicable conditions and boundaries of fair use. Fourthly, the division of responsibilities between streamers and platforms. Fifthly, how to determine the amount of compensation. The core is to review live cover performances within the framework of copyright licensing and fair use, clarify that commercial cover performances usually require authorization, and judge responsibilities based on the usage methods and impact.

III. Professional analysis by Henglue Law Firm

From a practical perspective, whether live streaming covers require authorization depends on the nature of the use and the type of rights. The rights holders of music works enjoy performance rights, broadcasting rights, and information network dissemination rights, etc. When streamers sing other people's songs in live streaming, it constitutes a performance of the work and its dissemination to the public via the internet, and usually requires obtaining permission and paying royalties. If authorization is not obtained, it may constitute an infringement of relevant rights, and the rights holders can claim to stop the broadcast, delete the playback, and seek compensation for losses, etc. Fair use has strict conditions, generally requiring appropriate citation for personal study, research, appreciation, or introduction and commentary, and not affecting the normal use of the work or unreasonably harming the rights holders' interests; profit-making live streaming covers often fail to meet these conditions. In addition, audio-visual products may also involve the rights of audio producers, and using others' recordings as accompaniments also requires attention to corresponding authorizations. Regarding the responsible parties, streamers, as the direct implementers, usually bear responsibility. If the platform knows or should know about the infringement but fails to take necessary measures, or fails to delete it promptly after receiving a notice, it may bear corresponding responsibility for the expansion of the damage. Therefore, streamers should obtain authorization through formal channels or use authorized music libraries, platforms should improve copyright review and complaint handling mechanisms, and rights holders should timely collect evidence and assert their rights.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, streamers should obtain relevant authorizations for songs and recordings through formal channels, or use authorized music libraries; Secondly, if the live broadcast replay involves on-demand services, they should pay attention to the scope of authorization for information network dissemination rights; Thirdly, platforms should establish copyright review and notice-and-takedown mechanisms; Fourthly, when rights holders discover infringements, they should promptly fix evidence and send notifications; Fifthly, if no agreement can be reached through negotiation, they can seek to stop infringements and claim compensation through litigation. For issues related to intellectual property protection and corporate law, you can refer to the relevant provisions.Intellectual property and corporate consultantsFor matters involving authorization contracts and liability agreements, you may refer to the following for reference:Business and contract disputes in enterprisesLegal basis: Articles 10, 24, and 44 of the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, profit-making live cover performances generally require authorization. Secondly, the conditions for fair use are strict, and it's difficult to justify commercial use. Thirdly, cover performances may also involve the rights of sound recording producers and others. Fourthly, platforms that fail to fulfill their obligation to notify and remove content may be held liable. For issues related to intellectual property compliance, you can seek assistance through the following channels:Intellectual property and corporate consultantsThe service acquisition involves the integration of authorization contracts.Business and contract disputes in enterprisesFor matters involving the enforcement of compensation, you may refer to the following documents for reference:Creditor's rights and debts, and enforcement casesColumn.

VI. Frequently Asked Questions

Q1: Do I need to obtain authorization to cover someone else's song during a live stream?

It is generally required. When live-streaming and singing other people's musical works and disseminating them online, one usually needs to obtain the permission of the copyright owner and pay royalties. It is difficult for commercial cover versions to constitute fair use.

Q2: Do I need to obtain authorization even if I just sing a few lines casually?

It depends on the circumstances. Brief quotations of lyrics or melodies may be considered fair use if they meet the relevant conditions, but performing them in their entirety or repeatedly usually still requires authorization.

Q3: Is the platform responsible?

If the platform knows or should have known about the infringement but fails to take necessary measures, or fails to delete the content promptly after receiving the notification, it may bear corresponding responsibility for the aggravation of the damage.

Q4: Is there any difference when playing back the cover version?

Yes. Playing back the content for public viewing also involves the right to disseminate information on the Internet, which requires corresponding authorization. The scope of the authorization should cover such usage methods as live broadcasting and on-demand viewing.

Q5: How to protect your rights if you have been infringed upon?

The right holder shall promptly fix the evidence of the live broadcast and the playback, send a notice of infringement to the platform to request its removal, and, if necessary, file a lawsuit to claim the cessation of infringement and compensation for losses.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit.Intellectual property protection legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.