**Introduction: When Melody Meets Law**


Music is one of the oldest forms of human creative expression. However, in the digital age, a 15-second background music (BGM) in a short video can trigger a million-dollar copyright dispute. AI cover songs have made "sound ownership" a focal point, and metaverse concerts are redefining the value of music IPs. The 2025 World Intellectual Property Day, themed "Intellectual Property and Music: Feeling the Beat of IP," reminds us that behind every moving melody lies a sophisticated property rights system safeguarding the creative ecosystem.


**I. The "Intellectual Property Trio" in the Music Industry**


1. **Copyright (Author's Rights)**: The Cornerstone of Musical Creativity


   ① **Lyrics and Music Copyright**: Protecting the Original Expression of Melodies and Lyrics


   - **Case**: Jay Chou's Cover of "Mudanjiang" Ruled as Infringement  
     In 2018, Jay Chou covered "Mudanjiang" (originally by Nan Quan Mama) at a concert. However, he did not obtain prior authorization from the copyright holders (lyricist: Vincent Fang, composer: Zhan Yuhao). The copyright holders sued, and the court ruled that even as one of the original performers, Jay Chou still needed full authorization for commercial performances. His team eventually paid compensation and obtained the necessary permits.  
     **Key Point**: Even if the original singer covers their own song, authorization is still required if the lyrics and music copyrights have been transferred.


   ② **Sound Recording Copyright**: Protecting the "Fixed Version" of a Recording


   - **Case**: Internet Celebrity's Unauthorized Use of a Recording Leads to Video Takedown  
     In 2023, a short video influencer used an unauthorized recording of "Stars and Oceans" (originally by Huang Xiaoyun) as background music for a promotional video that garnered over a million likes. After the copyright holder complained to the platform, the video was forcibly taken down, and the influencer was required to pay a 30,000 RMB copyright fee.  
     **Key Point**: Even if you purchase a legal version of a song (e.g., QQ Music membership), commercial use still requires separate authorization for the "sound recording right."


   ③ **Emerging Controversy**: Does AI Training Data Constitute Infringement?  
     - The 2024 *AIGC Copyright White Paper* defines the rules:  
       - **Legal Use**: If AI companies use music data from authorized copyright libraries (e.g., purchased commercial datasets) to train models, it does not constitute infringement.  
       - **Infringement Scenario**: If AI directly scrapes unauthorized songs from platforms like NetEase Cloud Music or Spotify for training (e.g., an AI cover software using Jay Chou's entire album data), legal responsibility will be incurred.


2. **Trademark Rights**: The Commercial "Sound Mark" of Music


   ① **Sound Trademarks**: Using Sounds to Identify Brands


   - **Intel "Bong! Bong Bong Bong"**: In 1994, Intel registered the sound of its advertising jingle (composed by Walter Werzowa) as a sound trademark. This means that other companies using a similar melody in electronic product advertisements may face infringement lawsuits.  
   - **MGM's "Lion Roar"**: Since 1924, the lion roar at the beginning of MGM films (recorded at the Bronx Zoo) has been its exclusive trademark. Unauthorized use may result in substantial claims.


   ② **Concert IPs**: Trademark Protection for Names and Visual Elements


   - **Mayday's "Life Unlimited Company" Tour Trademark Strategy**: In 2017, before the start of their tour, Mayday registered the name "Life Unlimited Company," the design of the glow sticks, and the stage visual elements as trademarks in 45 categories in China, the United States, and the European Union, covering performances and merchandise. This move successfully prevented a Shenzhen manufacturer from selling counterfeit concert T-shirts.


3. **Neighboring Rights**: The Often Overlooked "Behind-the-Scenes Heroes"


   ① **Performers' Rights**: Protecting Live Performances


   - **Case**: Unauthorized Live Streaming of a Concert Leads to a Lawsuit  
     In 2022, a fan live-streamed the entire Zhang Jie concert using their phone and was sued by the copyright holder. The court ruled that the "real-time images and sounds" of the live performance belong to the performers' rights, and individual live streaming requires authorization from the event organizer. The fan eventually compensated 12,000 RMB.


   ② **Broadcasting Organization Rights**: Broadcasting Permissions for Radio and TV Stations


   - **Case**: Local Radio Station Held Accountable for Playing Jay Chou's Songs  
     Even if a radio station has purchased an annual license from the China Music Copyright Society (MCSC), playing unauthorized overseas album versions outside the agreement still requires separate payment to the copyright holder.


**II. High-Risk "Danger Zones" for Music Infringement**


▶ **Case 1: Sampling Dispute - "Wild Wolf Disco" Infringement Incident**  
- **Event**: In 2019, "Wild Wolf Disco" used a segment of "More Sun" created by Finnish musician Vilho Ihaksi as its backing track. Although the Gem team claimed to have purchased the Beat stems for 99 USD, it was later discovered that the authorization was limited to "non-commercial" use, while "Wild Wolf Disco" was extensively used in commercial performances and advertisements. The copyright holder eventually claimed millions in compensation.  
- **Legal Focus**: Sampling requires clear authorization scope: "non-commercial" (personal creation) ≠ "commercial" (commercial release/performance).


▶ **Case 2: The "BGM Frenzy" on Short Video Platforms**  
- **Event**: In 2024, a live-streaming host used "The Lone Warrior" as background music, and the video reached over 100 million views. After Tencent Music sued, the court ruled that even if the host did not directly profit, the video's inclusion of product links constituted "indirect commercial use," resulting in a 500,000 RMB fine.  
- **Platform Responsibility**: Platforms like Douyin and Kuaishou need to establish "copyright music libraries" and automatically mute unauthorized BGMs.


▶ **Case 3: The "Gray Area" of AI Cover Songs**  
- **Event**: In 2023, a user used AI to simulate Sun Yanzi's voice to cover "Farewell in Black," which garnered over 5 million views. Sun Yanzi's team claimed:  
  - **Voice Rights**: AI use of her vocal characteristics requires authorization.  
  - **Adaptation Rights**: Covers need to pay fees to the lyrics and music copyright holders.  
  The platform eventually took down the video and established a new rule requiring AI covers to indicate the technical source.


**III. The Essential "Intellectual Property Survival Guide" for Musicians**


1. **Rights Confirmation Stage**: Protection Begins the Moment of Creation


   - **Copyright Registration**:  
     - Register lyrics and music works with the China Music Copyright Society (MCSC) or provincial copyright bureaus (cost: 300-500 RMB per song).  
     - **Case**: Independent musician Zhang failed to register his work, which was later used without permission on a talent show. Due to the lack of proof of ownership, he faced difficulties in维权.
   - **Blockchain Evidence Preservation**:  
     - Use platforms like Tencent's "Zhixin Chain" or Alibaba's "Ant Chain" to upload creation drafts in real-time (cost: 10-50 RMB per upload).  
     - **Advantage**: The timestamp is precise to the second and can be used as court evidence.


2. **Rights Utilization Stage**: "Pitfall Avoidance" for Commercial Use


   - **Authorization Toolkit**:  
     - **Lyrics and Music Authorization**: Obtain from the China Music Copyright Society or directly from the copyright holder (e.g., concert cover performances).  
     - **Sound Recording Authorization**: Obtain from record companies or platform music libraries (e.g., short video BGM).  
     - **Performance Authorization**: Obtain from event organizers (e.g., live streaming performances).  
   - **Special Tips for Emerging Scenarios**:  
     - **AI Covers**: Obtain authorization for the original voice characteristics (e.g., Sun Yanzi's AI case).  
     - **Metaverse Performances**: Obtain additional "information network dissemination rights" for virtual venue performances.


3. **Rights Enforcement Stage**: Strategies for Dealing with Infringement


   - **Evidence Collection Methods**:  
     - **Web Evidence**: Use the "Rights Guardian" app to record the screen with a timestamp.  
     - **On-Site Evidence**: Record the entire process with a notary office (cost: 1,000-2,000 RMB).  
     - **Blockchain Evidence**: Hash the infringing content onto the blockchain.  
   - **Comparison