[Direct answer]In the Beijing area, do live streamers need to pay copyright fees for playing background music in their studios? This is a practical issue of widespread concern among stakeholders. 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 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 develop 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.

I. Problem Background and Typical Scenarios

Do I need to pay royalties for playing background music in the live stream room? This kind of requirement is also quite common in the Beijing area. When dealing with it, it involves both substantive rights and procedural choices. Combined with the above, the answer is as follows:Corporate legal servicesBased on practical experience, it is recommended that the parties first clarify their legal relationships and then decide 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 aspects: 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, including loss calculation and the effectiveness of the company's bylaws. Each of these aspects requires professional evidence to support them.

III. Professional analysis by Hengluo Law Firm

Based on Henglu Law Firm's practical observations in serving corporate clients, many enterprises encounter difficulties in protecting their rights due to the lack of registration and confidentiality systems. Lawyers usually recommend the following: conducting patent and trademark layouts in synchronization with R&D and branding; clarifying the ownership of service inventions and trade secrets through written agreements; and having lawyers draft corporate governance documents to avoid internal disputes caused by flaws in articles of association and resolutions.

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 timely register and lay out 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 through notarization in the event of infringement. For cross-border intellectual property issues, relevant measures can be taken in conjunction with the above-mentioned laws and regulations.Financial capital and cross-border services involving foreign affairsEvaluation.

5. Henglu Law Firm's Reminder

For enterprises to comply with intellectual property regulations, prevention is better than remedy. There are three key points: register and lay out core technologies and brands as early as possible; sign confidentiality and intellectual property ownership agreements with employees and partners; standardize contracts and equity documents. If infringement occurs, promptly obtain notarization and preservation. 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 case of infringement, promptly obtain notarization and preservation, and compare the actual goods with the notarized certificate. For cross-border intellectual property, it is also necessary to review the applicable law and jurisdiction. Enlisting the help of lawyers 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 agreements, 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 turnover.

VI. Frequently Asked Questions

Q1: If a live streamer fails to obtain authorization to play songs during a live stream, will the platform operator be required to compensate for the infringement?

If it constitutes infringement, the platform shall stop using the music and compensate for the losses. Broadcasting background music in the live stream room constitutes the use of the performance right and the information network dissemination right of the music works. Except for the fair use stipulated by law, the platform shall obtain the authorization of the copyright owner. Article 52 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021) stipulates that those who perform or disseminate others' works through information networks without authorization shall bear the responsibilities of stopping the infringement and compensating for the losses. Article 54 clearly stipulates that the compensation shall be reasonably determined according to the royalties, and if it is difficult to calculate, the court shall determine it at not less than 500 yuan but not more than 5 million yuan. If the live stream room is operated by a company, the company shall be the responsible subject, and the streamers generally shall not bear the responsibility independently.

Q2: To prove which songs were played in the live stream room, what types of backend records need to be preserved?

At a minimum, prepare five types of materials: 1. A list of the songs involved in the case and their broadcast schedules. 2. Live broadcast replays, screen recordings, or playback records from the platform's backend. 3. Proof of song ownership and the chain of authorizations from rights holders. 4. Correspondence with the China Music Copyright Society or copyright holders regarding license applications. 5. Cooperation agreements between the live stream operator and the streamers. The list should correspond to specific dates and sessions. Platform backend data should be exported as timestamped files and notarized to avoid disputes over authenticity in the future. If only viewers have recorded clips, supplementary evidence such as the streamer's self-admission or the operator's reconciliation records should be provided to corroborate the claims.

Q3: For purchasing a license and litigating, what are the respective standards for spending the two sums of money?

The fees are divided into two parts. The licensing fee is negotiated by the right holder or the collective management organization according to the usage method and the scale of the performance, and is usually packaged annually. After entering litigation, if there is no disputed amount in civil intellectual property cases, a fee of 500 yuan to 1,000 yuan shall be paid for each case. For cases with disputed amounts, the fees shall be accumulated in stages according to the proportion of property cases, in accordance with Article 13 of the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007). Lawyer's fees are subject to market regulation and may be charged on a per-case, hourly, or percentage basis, in accordance with the "Measures for the Administration of Lawyer's Service Fees" (implemented on April 1, 2007). For cases with agreed risk-sharing arrangements, the maximum fee shall not exceed 30% of the contractually agreed amount.

Q4: After the copyright holder discovers the infringement of live streaming, how many years does he/she have to file a lawsuit and claim compensation within?

According to Article 188 of the Civil Code of the People's Republic of China (effective January 1, 2021), the right holder may file a lawsuit within three years from the date when he/she knows or should have known about the infringement. After the litigation begins, if the first-instance trial applies the ordinary procedure, the time limit for the trial shall be six months from the date of acceptance of the case, which may be extended upon approval; if the simplified procedure is applied, the time limit shall be three months, according to Articles 152 and 161 of the Civil Procedure Law of the People's Republic of China (effective January 1, 2022). If the right holder simultaneously applies for pre-litigation injunction, the court shall make a ruling within 48 hours and the right holder must file a lawsuit within 30 days after the ruling, otherwise the injunction will be lifted.

Q5: I want to use the music legally before the live broadcast. Which institution should I apply for permission to today?

Today, I will first do three things: First, export a list of songs played during the live stream in the past 30 days, and mark the song titles and playback duration for each session; Second, submit a license application to the China Music Copyright Society or the copyright holder and request a written quote; Third, temporarily remove the unauthorized background music and replace it with authorized music from the library. At the same time, archive the application records, quotations, and library authorization documents to form a compliance record. If the rights holder has already sent a letter, we should respond by explaining the rectification measures and willingness to negotiate, to avoid the dispute escalating into litigation.

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