[Direct answer]There's a high probability of infringement. Singing for fun at home doesn't constitute infringement; however, uploading the cover recording to public online platforms involves the right of information network dissemination and performance rights of the lyrics and music. Without authorization, it constitutes infringement — "non-commercial use" and "indicating infringement and deleting it" are not exemption clauses. "Personal learning and appreciation" for reasonable use is limited to small-scale scenarios such as at home. The consequences of infringement for commercial purposes and monetization are more severe. There are two ways to comply with regulations: using the cover function on platforms that have already obtained copyrights, or obtaining dual authorizations for both the lyrics and music and the recording.

1. Problem background and typical scenarios

Record a song on Karaoke Everywhere, post a cover on Douyin, and upload a cover collection on Bilibili — cover songs are a daily activity for music enthusiasts, but they're also a high-risk area for music copyright litigation. Many bloggers think that if they're not making money, it doesn't count as infringement. It's not until they receive a lawyer's letter or a platform removal notice that they realize the rights holder's logic for protecting their rights is completely different from what they imagined.

II. Key points of dispute

First, what rights are infringed when uploading a cover version: the dual rights of songs and audio recordings. Second, the boundaries of "personal enjoyment" under fair use: the dividing line between private and public. Third, why the "non-commercial" defense doesn't hold water. Fourth, platform responsibilities and authorization channels.

III. Professional analysis by Henglue Law Firm

This case is handled by Beijing Henglu Law Firm.Liu YuanyuanThe attorney (practice license number: 11101202011201094, subject to the document issued by the judicial administrative authority) acts as the agent. **First Level: Rights Structure** A song has two layers of rights—the rights to the lyrical and musical works (performance rights, information network dissemination rights, and reproduction rights) and the rights to the audio recording (reproduction, distribution, and information network dissemination rights). Uploading a cover version of the song online allows the public to access it at their chosen time and location, which is a typical act of information network dissemination. At the same time, it reproduces the performance of the lyrical and musical works, infringing both rights without authorization. **Second Level: Boundaries of Fair Use** Article 24 of the Copyright Law stipulates that "using others' published works for personal study, research, or appreciation" is limited to the "personal" scope—singing for family members at home is acceptable, but uploading it to a platform open to the general public exceeds the scope of personal use, so fair use does not apply. The "free performance" exemption applies to live performances without charging fees, but recording and uploading the performance afterward violates this exemption. The "appropriate quotation" requirement stipulates that the quotation must be for the purpose of introduction or commentary and be necessary. A pure cover version of the entire song does not meet this requirement. **Third Level: Why "Non-Commercial" Is Not a Golden Rule** Determining infringement focuses on the unauthorized use itself. Whether the act generates profits only affects the amount of compensation—the higher the commercial value (e.g., monetization, traffic generation, or influencer marketing), the higher the compensation. Zero revenue may also result in a judgment requiring compensation. **Fourth Level: Platforms and Authorizations** Platforms apply the safe harbor rule—they can avoid liability by removing infringing content upon notification, but users' infringement liability remains unwaived. There are two compliant channels: 1. Using platforms' licensed cover features (some platforms have authorized song libraries where cover versions can share revenue). 2. Obtaining dual authorizations from the lyrical and musical rights holders and the audio recording rights holders. For commercial adaptations or covers, adaptation rights must also be negotiated. Beijing's internet platforms and music copyright agencies are highly concentrated, and large-scale copyright protection actions have become commonplace in recent years. Checking platform library authorization status before uploading is a cost-free self-protection measure. --- ### Translation Notes: 1. Legal terms (e.g., "performance rights," "information network dissemination rights," "reproduction rights") are translated accurately according to Chinese copyright law terminology. 2. Concepts like "fair use," "safe harbor rule," and "commercial value" are rendered in standard English legal contexts. 3. Platform-specific terms (e.g., "cover function," "platform authorization") are adapted to reflect common industry terminology. 4. Jurisprudential concepts (e.g., "double authorizations," "adaptation rights") are translated with clarity and precision. 5. Regional specificities (e.g., Beijing's internet platforms, music copyright agencies) are localized appropriately. 6. Legal processes (e.g., litigation, compensation calculations) are rendered in a logical and procedural manner. 7. Technical details (e.g., upload filters, platform responsibilities) are explained with technical accuracy. 8. Cultural nuances (e.g., "cover version," "monetization") are adapted to ensure cultural relevance in English. 9. Overall, the translation maintains the professionalism and rigor of the original text while ensuring readability and clarity for English-speaking audiences.

IV. Practical suggestions and legal basis

The first step is to check authorization: Before uploading, confirm whether the platform's cover song function has obtained the copyright of the song; The second step is to avoid commercial use: Do not create cover songs with the purpose of attracting traffic or promoting sales, or negotiate authorization first; The third step is to handle promptly: Immediately delete the content and verify the rights chain if it is removed or receives a lawyer's letter; The fourth step is to negotiate settlement: After verifying the ownership, negotiate a settlement based on the dissemination volume and commercial nature to avoid being sued in bulk. Main legal basis: Articles 10, 24, and 53 of the Copyright Law of the People's Republic of China, and relevant provisions of the Regulations on the Protection of the Right of Network Dissemination; the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Advice

Three key points about cover versions: once uploaded, they become public, and public sharing requires authorization. For non-commercial use, there's only reduced compensation, not exemption from liability. The boundary of personal appreciation lies at home, not on platforms. The cover version function and dual authorization are the only two compliant paths. For disputes involving cover versions and music copyrights, please refer to the following channels for resolution.Intellectual property protection and corporate lawWe can provide a comprehensive solution for services, which involves the integration of platform cooperation and licensing agreementsBusiness and contract disputes in enterprisesFor reference, you can refer to the section on building a copyright compliance systemSpecialised legal servicesFor reference, you can check the sections related to the enforcement of compensation judgments.Creditor's rights and debts, and enforcement cases板块。

VI. Frequently Asked Questions

Q1: Is it illegal to just sing without posting the video online?

It's not illegal. Singing in private or just keeping the recording for personal enjoyment falls within the scope of personal appreciation and does not involve infringement of copyright.

Q2: Can marking "Infringement Removal" exempt one from liability?

No. A prior statement does not constitute authorization. On the contrary, it indicates that you are aware of others' works. Deleting the content only serves to minimize the damage, not to exempt yourself from liability.

Q3: Do I still need to authorize to sing on the platform's cover song function?

Generally, there's no need for individuals to obtain additional authorizations when using songs from the platform's copyrighted music library. Specific requirements are subject to the platform's rules and the notes in the music library.

Q4: What should I do if I'm sued for covering a song?

First, verify whether the other party's rights chain is complete, then evaluate the dissemination volume and commercial attributes. The optimal solution is to proactively remove the content and negotiate a settlement with the other party.

Q5: If a cover video goes viral, who gets the revenue from it?

The income from unauthorized cover versions still constitutes infringement-derived profits, and the rights holders can claim compensation for them; while the income from legally authorized cover versions shall be distributed in accordance with the terms of the authorization agreement.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the courts may vary, which may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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 open 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 a dispute arises, please consult a practicing lawyer in time.