Operating in compliance with regulations, preventing problems before they occur-Warning on copyright risks for companies using videos, pictures and background music

Today, with the widespread dissemination of digital content, videos, pictures and background music have become indispensable elements in corporate promotion, brand promotion and daily operations. However, when using these materials, many companies inadvertently fall into infringement disputes due to insufficient understanding of relevant copyright laws, resulting in legal litigation and financial compensation, which has a negative impact on the company's reputation and operations. In order to ensure compliance with the company's operations and reduce legal risks, this reminder is hereby issued.

1. Common infringements and risks

1. Unauthorized commercial use

Risk point: Use original videos, pictures or music published by others on social media, photo websites and other platforms directly for commercial purposes such as corporate advertising, brochures, official websites, and product packaging.

Legal consequences: According to the Copyright Law of the People's Republic of China, the infringing party must bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. The amount of compensation may be calculated based on the actual losses of the right holder, the illegal income of the infringer, or statutory compensation (up to 5 million yuan).

2. Misunderstanding the "free" or "copyright-free" label

Risk points: Some websites may label "free materials" for personal use only, or may be subject to restrictions such as signature and non-commercial. Random commercial use may still constitute infringement.

Recommendation: Be sure to read the authorization agreement carefully before using it to confirm whether it contains commercial use rights.

3. Background music infringement

Risk point: Use unauthorized songs or music in corporate promotional videos, online live broadcasts, and background music in physical stores.

Special note: Even if only fragments or adaptations are used, it may still constitute infringement. Playing music in public places (such as shopping malls and restaurants) also requires a public broadcast license.

2. How to avoid infringement: Recommendations for compliance use

1. Priority should be given to original or self-produced materials

Encourage companies to create videos and pictures internally, or hire professional teams to customize content to fundamentally avoid copyright disputes.

2. Choose a reliable source of authentic material

Purchase licenses: Purchase commercial licenses through regular galleries and music platforms (such as Getty Images, Shutterstock, New Studios, Epidemic Sound, etc.).

Use free resources that are clearly commercially available:

Pictures/videos: Unsplash, Pixabay (note additional restrictions on checking specific materials), CC0 works.

Music: YouTube Audio Library, Free Music Archive (subject to annotated license terms).

3. Read and abide by the license agreement carefully

Be sure to confirm the scope of authorization before using:

Is commercial use allowed?

Do you need to sign a name (mark author/source)?

Are modifications allowed?

Are there usage scenarios restrictions (such as not being used for sensitive content)?

4. Establish an internal material review mechanism

Designate a dedicated person to be responsible for material procurement and review, and establish a usage ledger.

Regularly conduct copyright verification of in-use materials and remove risky materials from the shelves in a timely manner.

5. Consider collective management organization licensing

If you need to use music frequently, consider obtaining public broadcasting or performance licenses from collective management organizations such as China Music Copyright Association.

3. Response to infringement disputes

If you accidentally receive an infringement notice or a lawyer's letter:

Remove immediately: suspend the use of suspected infringing materials as soon as possible.

Internal verification: Confirm the source and authorization of the material.

Actively communicate: negotiate amicably with rights holders to strive for reconciliation.

Legal advice: Seek professional legal advice when necessary to properly respond to litigation.

summary

Copyright protection is not only a legal requirement, but also a respect for the creator's labor. Enterprises should establish the principle of "authorization first, use later" and incorporate copyright compliance into their daily risk control systems. Through the legal and standardized use of audio-visual materials, we can not only effectively prevent legal risks, but also maintain the image of enterprises operating with integrity and achieve sustainable development.

Disclaimer: This article is only a general risk warning and does not constitute a legal opinion. Please consult a professional lawyer or relevant copyright agency for specific copyright issues.