[Direct answer]There's a high probability of infringement. Playing music in the live stream room is a commercial use aimed at the public, involving performance rights and information network dissemination rights. Unauthorized use constitutes infringement. Three common misunderstandings of streamers need to be clarified: First, "the platform's music library can be used" — the copyrights purchased by the platform are usually limited to specific scenarios within the platform, and background music used in the live stream room is often not within the scope of authorization; Second, "only playing for a few dozen seconds" — fragmentary use does not exempt liability, and substantial use can be deemed infringement; Third, "marking the song title and singer" — signing the name does not equal authorization, but it actually helps rights holders gather evidence. Compliant approaches: Use music pools authorized by the platform for live streaming scenarios, purchase licensed commercial music, commission original soundtracks, or select tracks with no copyright disputes. Key points after being sued: Distinguish between background use and featured use, playing duration and frequency, and the degree of commercial monetization in the live stream room, as compensation amounts vary greatly.

I. Problem Background and Typical Scenarios

The live-streaming room was playing upbeat pop songs to warm up the atmosphere, but the streamer was completely unaware of the risks. One day, he received a claim letter from the music copyright holder, with each song priced at tens of thousands of yuan on the quote sheet. The copyright ledger of the live-streaming economy is being recalculated—bulk rights protection by music copyright holders has become the norm, and regulatory compliance in the use of music in live streaming is an unavoidable task for every platform.

II. Key points of contention

First, the copyright qualification of live-streaming behavior and the application of performance rights and information network dissemination rights; Second, the interpretation of the scope of authorization of the platform's music library; Third, the factors for determining the amount of compensation; Fourth, the division of responsibilities among streamers, agencies, and platforms.

III. Professional analysis by Henglue Law Firm

The first layer is the qualitative framework: The music played in live streaming is considered "non-interactive" dissemination and involves performance rights; if the live content is recorded and played back on demand, it overlaps with the right of information network dissemination—the two rights belong to different right holders (performance rights belong to songwriters and publishers, while the right of information network dissemination may be separate from the audio producer). An unclear authorization chain is the biggest loophole in determining infringement; when right holders sue, they split their claims according to "one song, one right holder," which may result in multiple claims for the same song. The second layer is the authorization map: The scope of authorization for platform music libraries depends on the contractual boundaries between the platform and copyright holders. Most platforms have already screened live music pools for commercial authorization, so using songs from these pools carries the lowest risk. However, uploading songs outside the pool, playing them on external devices, or using background music all pose high risks. Institutional live stream studios typically sign commercial authorization agreements with copyright agencies and archive the authorization certificates for future reference. The third layer is the compensation determination: Courts assess factors such as total playback duration and frequency, the live stream studio's fan base and monetization capabilities, the role of the music in the content (background accompaniment or core selling point), and market prices for similar authorizations. For example, top streamers using popular songs to attract viewers and amateur streamers casually humming a few notes can result in compensation differences of up to dozens of times. In mass rights protection cases, right holders claim damages case by case using notarized screen recordings, with settlement prices often ranging from a few thousand to 20,000 yuan per song. The fourth layer is liability sharing and defenses: Streamers are direct perpetrators, MCN agencies bear operational responsibility for signed streamers, and platforms bear corresponding liability if they know about infringements but fail to address them. Key mitigation measures after being sued include verifying the plaintiff's rights chain (whether the songwriter and audio producer's authorizations are complete), comparing claimed playback durations from lower values, and reviewing flaws in notarized evidence. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanIn similar intellectual property cases handled by the lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ), a meticulous review of the rights chain and the infringement circumstances is the core method of reducing compensation losses. This experience is also applicable to dealing with live music disputes. The cost of using music in live broadcasts is far lower than the cost of infringement: the annual licensing fee for a song ranges from hundreds to thousands of yuan, and a losing lawsuit plus attorney's fees often amount to tens of thousands of yuan — compliant procurement is not a cost, but insurance.

IV. Practical suggestions and legal basis

The first step is to sort out the list of songs used in the live stream room and distinguish between those in and outside the platform's music pool. The second step is to immediately disable or purchase commercial authorizations for the songs outside the pool, and file the relevant certificates. The third step is to establish an institutional-level approval and authorization system for using music, and conduct parallel training for streamers. The fourth step is to first verify the plaintiff's rights chain and evidence flaws when receiving a claim letter, and then evaluate the settlement price or litigation strategy. The main legal basis: Article 10 of the Copyright Law of the People's Republic of China (effective June 1, 2021) regarding performance rights and information network dissemination rights, Article 54 regarding compensation for damages, and the provisions of the Regulations on the Protection of Information Network Dissemination Rights regarding online dissemination authorizations; specific applications shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

Live-streaming tips: Check the scope of the music library, purchase licensing for commercial use, keep records of transactions, and check rights ownership if sued—don’t let the cost of a song turn into a court judgment. For issues related to live-streaming and content copyright compliance, you can refer to the following resources:Intellectual property protection and corporate lawObtain an overall solution for the service; for matters involving the contractual arrangements between the agency and the streamers, relevant provisions can be incorporated into the contract.Business and contract disputes in enterprisesPlate; for those involving other intellectual property disputes, you can refer to it for reference.Special servicesColumn; for those involved in bulk rights protection and response, you can seek adviceIntellectual property protection and corporate law\nThe team corresponds to the production line.

VI. Frequently Asked Questions

Q1: Can all the songs in the platform's music library be used in live streaming?

Not necessarily. The platform's authorization scope limits the usage scenarios. Only the songs in the platform's music pool that are clearly marked as available for commercial live streaming are safe to use. Songs outside the pool require separate authorization.

Q2: Is it considered infringement even if I only play it for a few dozen seconds?

Yes. Substantial use constitutes infringement, and the duration of use only affects the amount of compensation, not the determination of the nature of the infringement. "Short-term use" is not a statutory exemption from liability.

Q3: Is it reasonable to be sued for tens of thousands of yuan for a single song?

The statutory compensation is determined based on multiple factors. For small live rooms used in backgrounds, the compensation amount is usually in the thousands of yuan range. For live rooms with inflated quotes, it's necessary to verify the rights chain first, which leaves plenty of room for negotiation.

Q4: Is it the streamer who pays the compensation, or the agency?

The streamer is the direct infringer; the operational behavior of the signed streamer can be attributed to the agency, and the right holders often list the streamer and the agency as co-defendants, with the internal responsibilities being shared according to the agreement.

Q5: Does covering a song that I've played myself also count?

Yes. The copyright of the lyrics and music is independent of singing and recording, and cover versions still require authorization from the lyricists and composers; adaptation and variation also fall within the scope of adaptation rights and performance rights.

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 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 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 you encounter disputes, please consult a practicing lawyer in time.