[Direct answer]In the Beijing area, does using background music in short videos involve infringement? This is a practical issue of widespread concern among parties involved. According to the Patent Law of the People's Republic of China, the Trademark Law of the People's Republic of China, the Copyright Law of the People's Republic of China, and the Company Law of the People's Republic of China, when handling such matters, it is necessary to grasp the core elements and evidence and assert rights in accordance with the law. Whether a favorable outcome can be achieved depends on the clarity of the facts, the sufficiency of the evidence, and the choice of procedures, rather than the promise of results. It is recommended to sort out the materials as soon as possible, fix key evidence, and formulate a plan with the assistance of professional lawyers to avoid losing rights due to exceeding the statutory time limit or insufficient evidence. For more details, please refer to the following link:Intellectual property protection legal services.

1. Problem background and typical scenarios

Will using background music in short videos constitute infringement? Such requests are also quite common in the Beijing area. When handling such cases, both substantive rights and procedural choices need to be considered. In this context, the following points should be noted:Corporate legal servicesBased on practical experience, it is recommended that the parties first clarify their legal relationships before deciding on the path of protecting their rights or negotiating with the other party.

II. Key points of dispute

The disputes in such cases often focus on three points: first, the basis and validity of rights, with registration and prior rights being key; second, the determination of infringement and similarity, which requires comparison and technical appraisal; third, compensation and corporate governance, with loss calculation and the effectiveness of the articles of association. Each of these points requires professional evidence to support them.

III. Professional analysis by Hengluo Lawyers

Based on a related case handled by our firm, it can be seen that this case involves trademark infringement and unfair competition disputes. The plaintiff, Company A, is a well-known paper industry company, and the "EFGH" trademark in Class 5 for sanitary napkins is a well-known trademark. The defendant, Company B, obtained authorization from a third party in September 2023 to use the "EFGK" trademark and design patent to produce and sell "EFGK" sanitary napkins, which were sold through the e-commerce platform of Company C. Starting from April 2024, Company A sued to claim infringement of the well-known trademark and packaging design confusion, seeking compensation of 980,000 yuan. Company B entrusted Attorney Liu Yuanyuan of Beijing Henglu Law Firm to defend the case, arguing that the logo was legally authorized and not similar, the packaging design did not constitute unfair competition, and the high compensation was unfounded. The court partially accepted the defense, finding trademark infringement but rejecting unfair competition, and ordered Company B to pay economic losses of 50,000 yuan plus reasonable expenses of 10,000 yuan, totaling 60,000 yuan, a reduction of more than 920,000 yuan from the original claim of 980,000 yuan. The core disputes are the determination of trademark infringement and the amount of compensation. Applicable laws: the Trademark Law of the People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China. Henglu Law Firm advises that in handling such cases, it is necessary to focus on the core issues and organize evidence and legal arguments around the disputed points. This case is handled by Beijing Henglu Law Firm.Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis mainly includes the Patent Law of the People's Republic of China (amended on October 17, 2020 and implemented on June 1, 2021), the Trademark Law of the People's Republic of China (amended on April 23, 2019), the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021), and the Company Law of the People's Republic of China (amended on December 29, 2023 and implemented on July 1, 2024). Practical suggestions: Enterprises should promptly register and lay out their patents, trademarks, and copyrights; establish a trade secret protection system and confidentiality agreements; standardize the text of contracts and equity structures; and promptly preserve evidence in case of infringement. For cross-border intellectual property issues, relevant measures can be taken in combination with the above provisions.Financial capital and cross-border services involving foreign countriesEvaluation.

5. Hengluo Law Firm's Advice

For enterprises to comply with intellectual property regulations, prevention is better than remedy. There are three key points: register and protect core technologies and brands as early as possible; sign confidentiality and intellectual property ownership agreements with employees and partners; standardize contract and equity documents. If infringement occurs, promptly obtain notarization and preservation of evidence. For professional support, you can seek assistance from relevant institutions or professionals.Special services and other case servicesThe docking team.

For enterprises to comply with intellectual property regulations, prevention is better than remedy. It is recommended to register patents, trademarks, and copyrights for core technologies and brands as early as possible; sign confidentiality and intellectual property ownership agreements with employees and partners; standardize contract and equity documents, and have lawyers draft governance documents. In the event of infringement, promptly obtain notarized preservation orders and fix the comparison between physical evidence and notarized documents. For cross-border intellectual property, it is also necessary to review applicable laws and jurisdiction. Hiring a lawyer can help establish a trade secret protection system, improve compliance documents, and quickly formulate protection and defense plans in the event of disputes, reducing the difficulties in protecting rights caused by the lack of registration and confidentiality systems. For employee inventions and post-employment non-compete clauses, it is necessary to clarify ownership and time limits in advance through written agreements to avoid the loss of core technologies and customer resources due to personnel mobility.

VI. Frequently Asked Questions

Q1: If the music used in short videos is labeled as "source from the internet", does that mean they won't infringe copyright?

The source marked as "From the Internet" is not authorized: Short video soundtracks involve both song copyright and recording producer rights. Using and disseminating them in publicly posted videos without permission exceeds the scope of personal appreciation. Marking the source does not change the nature of the infringement, and the platform may face complaints, removal, and claims for compensation. According to the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021), commercial dissemination requires obtaining corresponding authorizations, and the content should be used after obtaining written authorizations from the copyright holders or authorized platforms.

Q2: When receiving a complaint of music infringement, what should the publisher first verify?

First, check the following four aspects: 1. The complainant's proof of rights to the songs or audio products, such as registration certificates and authorization chains; 2. The platform's terms regarding the scope of music use and disclaimers; 3. The duration of use of the complainant's video, whether it is for profit, and the situation of product promotion; 4. The complaint notice and removal records. If the check shows that the complaint was misjudged, submit materials for appeal within the appeal period; if it is indeed an infringement, remove the content as soon as possible or obtain authorization to prevent further losses. Both the appeal materials and the removal records should be preserved as evidence for subsequent liability determination and mitigation of damages.

Q3: If the background music is found to be infringing and the court orders compensation, what is the statutory compensation range?

According to Article 54 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021), the compensation shall be determined based on the actual losses of the right holder, the infringer's illegal income, or the multiple of the license fee. If it is difficult to calculate the compensation, the court shall determine the statutory compensation at a reasonable amount of not less than 500 yuan but not more than 5 million yuan; the amount of compensation determined for short video cases is directly related to the dissemination volume and profit-making situation. After being sued, the defendant first evaluates the playback and monetization data, and it is often more cost-effective to obtain a license at the authorized price than to pay compensation through litigation.

Q4: If a music infringement dispute goes to litigation, how many months does it take to complete the first-instance trial?

Civil first-instance cases applying the ordinary procedure shall be concluded within six months from the date of filing, and those applying the summary procedure with clear facts shall be concluded within three months; if the other party appeals, the second-instance trial shall generally be concluded within three months. The statute of limitations for claiming compensation is three years, and the period shall be restarted after written urging or the other party agrees to perform the obligation (effective from January 1, 2021, according to the Civil Code of the People's Republic of China). Cases involving protective measures or appeals shall be calculated according to the corresponding deadlines. A timeline should be established on the day of receiving the notice to follow up on each item, so as to avoid losing rights passively during the appeal and defense periods.

Q5: Before releasing a music video, which authorization steps can be completed first on the same day?

On that day, three steps can be completed: first, search for the target music in the platform's legitimate music library or authorized platform to confirm the scope of commercial use and the authorization period; second, archive the screenshots of the authorization page, order, and license certificate; third, check the sources of the music in each historical video one by one, and hide or replace the audio track for those without authorization. Commercial authorizations are usually charged based on the number of tracks and the usage period. By obtaining a written quotation and archiving it on the same day, you can significantly reduce the probability of being complained against or having your content removed. After completing these three steps, you can release new works, which will greatly reduce the likelihood of being subject to complaints or having your content removed.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Hengluo 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.