[Direct answer]Generally, it requires authorization. Music works are protected by the Copyright Law of the People's Republic of China. Using others' music as background music for short videos and disseminating it online involves rights such as the right of reproduction and the right of information network dissemination. In principle, the copyright owner's permission should be obtained. In practice, if the platform has reached authorization agreements with record companies and copyright holders and included the music in the platform's music library for users to use, the platform generally assumes the corresponding authorization responsibilities for users' use in accordance with the platform's rules; however, if the music is extracted and used separately, used for commercial promotion, or exceeds the scope of the platform's authorization, it may still constitute infringement. Whether it constitutes infringement should be determined based on the comprehensive assessment of the music rights status, the usage method, and the authorization source.

I. Problem background and typical scenarios

Making short videos with popular music is a common practice for creators. Some people think that "it's okay as long as it's allowed on the platform," while others have faced lawsuits for using unlicensed music or had their videos removed. As short videos become more commercialized, the copyright issues involving background music are attracting increasing attention. Creators, corporate accounts, and MCNs all need to clarify the boundaries of music licensing.

II. Key points of contention

First, what rights are involved in background music. Second, the relationship between the platform's music library authorization and user usage. Third, the difference between commercial use and personal sharing. Fourth, how to respond when accused of infringement.

III. Professional analysis by Henglue Law Firm

The first layer involves the rights: A music work often involves the copyright of the songwriter and the neighboring rights of the recording producer; using music in short videos and uploading and disseminating it involves the right of reproduction and the right of dissemination on information networks. If it involves live performances, it may also involve the right of performance. According to the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021), in principle, the use of others' works should be subject to authorization and payment of royalties. The second layer concerns the authorization of the platform's music library: Some short video platforms obtain authorization for the music library through collective management organizations or by signing contracts directly with copyright holders, and then make it available to users. Users generally use the music library according to the platform's rules, and the platform handles the authorization matters. However, this is usually limited to normal use within the platform. Downloading the music for other purposes, using it across platforms, or using it in commercial advertisements may exceed the scope of authorization. The third layer concerns fair use and commercial use: Situations such as personal learning, research, appreciation, or appropriate citation for introducing or reviewing a work are considered fair use, but commercial advertisements, brand promotion, and influencer videos usually require authorization. The fourth layer concerns risk response and compliance: Corporate accounts, MCNs, and highly commercialized accounts should prioritize using the platform's music library or purchasing authorized music, and retain the authorization certificates. If they receive a notice of infringement, they should promptly stop using the content, verify the rights proof, assess the nature and impact of the use, and then negotiate or defend against the claim. For matters related to intellectual property compliance and contract management, refer to relevant guidelines.Intellectual property protection and corporate lawThe approach to handling plate disputes; conducting an authorization verification step before use can often avoid subsequent disputes and losses. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

IV. Practical suggestions and legal basis

The first step is to prioritize using the platform's music library or licensed music; the second step is to obtain separate authorization for commercial use, specifying the scope of use, duration, and platform; the third step is to retain the authorization certificate and usage records to avoid cross-platform or over-range use; and the fourth step is to stop using the content immediately upon receiving a claim of infringement, verify the rights proof, and resolve the matter through negotiation or litigation. The main legal basis: Articles 10, 24, 52, and 54 of the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021); the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Three key points about music licensing: Just because the platform allows it doesn't mean you can use it freely. Exceeding the licensing scope still constitutes infringement. For commercial use, you must obtain separate authorization and retain the relevant proof. If you receive a notice, first suspend use and then verify the situation to minimize losses. For issues related to short videos and intellectual property compliance, you can seek assistance through the following channels:Intellectual property protection and corporate lawObtain a comprehensive solution for the service, involving the integration of authorization contract managementBusiness and contract disputes in enterprisesA reference for the execution of compensation involving plate tectonicsCreditor's rights and debts, and enforcementColumn: Consultation on Difficult CasesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can I use the music in the platform's library freely?

Generally, it can be used within the scope of the platform's rules, and the authorization is handled by the platform. However, if it is used for other purposes after downloading, across platforms, or in commercial advertisements, it may exceed the scope of authorization and constitute infringement.

Q2: Do I need to obtain authorization to use music as the background sound for my personal videos?

There is a lower risk in situations such as personal learning and appreciation; once it involves commercial promotion, product endorsement, or widespread dissemination, authorization should be obtained.

Q3: Does using it for just a few seconds also constitute infringement?

The duration of use is not a criterion for judgment. The key issue is whether the protected musical works were used without authorization. A limited amount of use may affect the amount of compensation, but it does not necessarily exempt the user from liability.

Q4: What should I do if I'm notified of an infringement?

Stop using and removing it from the market in a timely manner, check the other party's proof of rights and their own usage situation, evaluate it, and then negotiate or defend against the lawsuit to avoid further losses.

Q5: How can corporate accounts comply with regulations when using background music?

Prioritize using the platform's music library or purchasing licensed music, establish a record of material authorizations, clarify the scope and duration of use, and retain supporting documents for verification. If necessary, consult a professional lawyer regarding commercial promotions.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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