[Direct answer]In most cases, this constitutes infringement. Short video soundtracks involve the rights to reproduce music works and the right to disseminate information on the Internet. Unless it falls under the fair use circumstances stipulated in Article 24 of the Copyright Law of the People's Republic of China, or the platform's music library has already obtained authorization, using others' music works as background music and uploading them to publicly accessible platforms without permission constitutes an infringement of copyright. The rights holder may demand that the infringer stop using the music, delete the video, and compensate for the losses. The amount of compensation shall be determined according to the actual losses of the rights holder, the infringer's illegal income, and the royalties. If all these are difficult to determine, statutory compensation shall be applied, with the range being no less than 500 yuan and no more than 5 million yuan.

I. Problem background and typical scenarios

The background music used in short videos is one of the most overlooked risks of infringement for content creators. Common scenarios include: using popular songs as background music for videos about exploring shops, plot-driven content, or lifestyle documentaries; playing music for long periods during live streams; using commercial music tracks to create product promotion videos for corporate accounts; and using songs as long-term background sounds in shopping recommendation videos. The parties sued by rights holders may include individual creators or companies responsible for operation and promotion, with claims ranging from thousands of yuan to tens of thousands of yuan.

II. Key points of contention

First, the boundaries of fair use. Properly citing a work for introduction or commentary, or using it for personal study, research, or appreciation, constitutes fair use; using a song as the main background music for a video or playing it in its entirety for a long time generally exceeds the scope of fair use. Second, platform music library authorization. Using music from the platform's official library typically means the platform has already obtained authorization, which carries lower risks; downloading music from external sources requires verifying authorization independently. Third, the distinction between commercial and personal use. Corporate accounts, content promoting sales or endorsements, and similar content have clear commercial attributes, making the likelihood of being held accountable and the compensation standards higher. Fourth, the responsibilities of parties involved and the platform's liabilities. Creators, operating companies, and the account owners who publish the content may all become defendants. If the platform fails to remove the infringing content promptly after being notified, it may also bear corresponding responsibilities. Fifth, compensation calculation. The compensation can be determined by comparing the licensing fees for similar music works, the playback volume of the infringing video, and its commercialization level.

III. Professional analysis by Henglue Lawyers

When handling intellectual property disputes, Henglue Lawyers found that the logic of attacking and defending in music copyright disputes and trademark disputes is similar, with the core issues being the source of authorization and the circumstances of infringement. Taking a trademark infringement and unfair competition case handled by Henglue as an example: The plaintiff, Company A, is a well-known paper industry company, and its "EFGH" trademark has been recognized as a well-known trademark; the defendant, Company B, used the "EFGK" trademark and the appearance design patent authorized by a third party to produce and sell similar products in September 2023. Company A sued for compensation of 980,000 yuan in April 2024. Our lawyers conducted a defense based on the legitimate source of authorization, the overall readability differences of the logo, the short duration of infringement, the small production volume, the low pricing, and the fact that the products have long been discontinued. The court found that the trademark infringement was established but rejected the claim of unfair competition, and awarded compensation of 50,000 yuan for economic losses and 10,000 yuan for reasonable expenses, totaling 60,000 yuan, which was a reduction of more than 920,000 yuan from the original claim of 980,000 yuan. This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent. It can be seen that in intellectual property disputes, the evidence of the basis of rights and the circumstances of infringement directly determine the compensation range. The same logic applies to short video music disputes: the scope of authorization, the extent of dissemination, and whether the content was promptly removed will all have a significant impact on the outcome.

IV. Practical suggestions and legal basis

According to Articles 3, 10, 24, 53, and 54 of the Copyright Law of the People's Republic of China (adopted on September 7, 1990, amended on November 11, 2020, and implemented on June 1, 2021), musical works are protected by copyright law, and the rights include the right to reproduce, the right to disseminate on information networks, etc. The amount of compensation shall be determined in accordance with the actual losses, the illegal income, and the royalties, and if it is difficult to determine, the statutory compensation shall apply. The Regulations on the Protection of the Right to Disseminate on Information Networks (implemented on July 1, 2006 and amended on January 30, 2013) stipulate the rules for online service providers to notify and delete content. Articles 1194 to 1197 of the Civil Code of the People's Republic of China provide for online infringement liability. Suggestions: First, prioritize using the platform's official music library or music that has been purchased with commercial authorization; Second, remove and delete the content and keep the disposal records immediately after receiving a rights notice; Third, retain the music library authorization page, purchase receipts, and publication time records; Fourth, when being sued, verify the other party's ownership certificates and authorization chains, and then evaluate whether to settle or defend. For issues related to brand and content compliance, you can refer to relevant guidelines.Intellectual property protection and corporate lawThe compliance of enterprise account operation can be combined withSpecialised legal servicesLet's sort things out together.

5. Henglu Law Firm's Reminder

Music copyright infringement is often a high-incidence area of mass rights protection. A single song may involve a large number of accounts, and the earlier it is dealt with, the lower the cost will be. There are three habits worth adhering to: all corporate accounts should use authorized commercial music libraries and retain the authorization certificates; check the music source and authorization scope before video release; immediately delete the video after receiving a notice, and don't delay it because you think the video can still bring traffic. Delaying will be used to prove the infringement. The content team should also keep a record of authorization management, clearly indicating the source and term of each music track.Beijing Henglue Law FirmTip: When dealing with bulk claims or platform complaints, first verify the ownership and authorization chain, and then decide whether to settle the dispute or defend against the lawsuit.

VI. Frequently Asked Questions

Q1: If someone claims that the music used in my video infringes their copyright, can I avoid paying compensation or reduce the amount of compensation?

You can defend against the claim from the following perspectives: fair use, legal authorization of the source, limited dissemination scope, low playback volume, and timely deletion. For commercial videos and long-term full use that refuse to be deleted, the compensation amount is usually higher. It is recommended to first verify the ownership chain of the other party before determining the appropriate response strategy.

Q2: What evidence do I need to prepare?

The records of video posting and deletion, the authorization page of the platform's music library or the purchase receipt of commercial music, the playback volume and revenue data, the communication records with rights holders, and the materials on the relationship between the account owner and the operator.

Q3: How much does it usually cost to resolve such disputes?

The amount of compensation for a single song usually ranges from a few thousand yuan to tens of thousands of yuan. The litigation fees are calculated based on the amount of the claim, and the attorney's fees are determined according to the contract. When a large number of cases are sued simultaneously, it is recommended to formulate a unified response strategy to reduce costs.

Q4: How long does the processing procedure take?

Complaints and removal on the platform are usually completed within a few days, and negotiations and settlements can be finalized within a few weeks. The first-instance litigation typically takes three to six months, and bulk cases should be handled in batches.

Q5: What should I do first?

First, immediately remove or replace the background music suspected of infringement and keep the records of the disposal. Then, verify the other party's ownership certificate and the authorization source of the music used by yourself, and finally decide whether to settle the dispute or defend against the claim.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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·Attorney Liu Yuanyuan·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. In case of disputes, please consult a practicing lawyer in time.