Wolf disco alleged infringement lawyer: the author should share 30percent - 50percent of the copyright

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 Wolf disco alleged infringement lawyer: the author should share 30percent - 50percent of the copyright


Interface entertainment asked lawyer Zhao Zhigong for confirmation. He said that the communication was true. Mr. Chen, who contacted his agent as gem gem said, was the person in charge of masima international, the copyright owner, but the huge amount was not true. There is no specific amount, only sharing cooperation.. Zhao Zhigong told reporters that the copyright issue may have an impact on the donation. At present, we have not received any positive response from the wolf team, and we are not clear about the direction of the money..

Photo source: Lawyer Zhao Zhigongs personal account

This is a commercial dispute. Both sides have their own opinions. Whether the wolf disco infringes the rights or not needs to be determined through legal procedures. But it can be sure that there is no so-called plagiarism in the creation of this song. The main dispute lies in the scope of rights and interests of the accompaniment authorization contract.

In addition to the wolf team, Zhao Zhigong also sent a lawyers letter to the copyright related parties such as the emperor, Huawei, Netease cloud music and Migu. Netease cloud music responded that the copyright department is currently in the process of communication on this matter, and there is no response to the outside world for the time being.

Infringement storm

In October last year, the original accompaniment author Vilho ihaksi contacted Zhao Zhigong through a friend, and the author and copyright owner masima international entrusted Zhao Zhigong to send a lawyers letter to the relevant stakeholders of wolf disco. The wolf disco was put on the shelves on overseas platforms such as youtube, because the songwriter of the song when it was released overseas was Gemstone Gem himself, without mentioning the original accompaniment author. My friends in Taiwan found this problem and contacted me in coordination. Zhao Zhigong told interface entertainment that on January 15 this year, he sent a formal lawyers letter, and if the subsequent other party did not have the will to negotiate, he would start the formal proceedings.

Zhao Zhigong said that the primary appeal of ihaksi is not to fight a lawsuit, but to solve the copyright problem. Lets not talk about the compensation amount first. We think this matter can be cooperated. We dont want to kill an already popular song, but we want to share it through formal copyright cooperation, so that everyone can use the copyright in a standardized way. He revealed that in general, authors can get 30% to 50% ownership.

The copyright problem of music is relatively complex. Zhao Zhigong advocates the copyright infringement of the accompaniment part of the wolf disco.

As a rap song, the wolf disco is divided into three parts: words, music and beat (Accompaniment). Rap lyrics (verse main part) and melody composition (hook chorus part) belong to gem gems creation. The suspected infringement is beat, which is the accompaniment part of the song. Zhao Zhigong pointed out that the beat of wolf disco uses the work moresun produced by Finnish music producer Vilho ihaksi, and the song was first published in February 2018.

The popularity of hip hop in China let people know the important role of beat in rap music - it even constitutes the creative motivation of rap music. With the development of the Internet, the copyright of beat has the property of commodity. As long as you pay a certain fee to beats music producer, you can record songs.

Ihaksi, the original author, has exclusively authorized the comprehensive Copyright (including exclusive use, exclusive commercial development, exclusive brokerage and exclusive litigation) of moresun to maxima international in China. Any use of moresun in Greater China (including Hong Kong, Macao and Taiwan) should be authorized by maxima international, including wolf disco. But the wolves team did not contact ihaksi. Ihaksi is almost the last to know about the commercial performance, advertisement and Spring Festival Gala of wolf disco.

Zhao Zhigong believes that if we have to go to the litigation stage, the chances of winning the lawsuit are very high, but it takes a long time, and the complete legal process may take six months. In the 19th second of wolf disco, a male voice shouted ihaksi, thats equivalent to a burglar proof lock. When you hear this voice, it proves that the wolf team didnt buy the exclusive copyright, explained Zhao Zhigong. On the personal account, Zhao Zhigong also uploaded the rights protection video recorded by ihaksi, in which he showed the Daw project file of moresun. In his opinion, if we go through the litigation process, we will face many problems that are difficult for ordinary people to understand, such as how to prove that this song is created by you, so we must let the original author show the track separation and engineering documents to prove that it is original.

This is also forced to do nothing, Zhao Zhigong told the interface entertainment.

Screenshot from official lawyers letter of Zhao Zhigongs wechat official account: has the wolf disco infringed on the rights in the end?

In response, gemstone gem replied on Weibo yesterday evening that it had spent $99 in July 2019 to buy the non exclusive beat track of ihaksi works. In November, when he contacted the original author again to explain that he wanted to buy out the copyright, the original author first said not to buy out, and later replied that someone had bought out. Gem gem also provided evidence of purchase screenshots, emails and so on in the live broadcast.

Gemstone Gem revealed that after that, someone contacted his agent and said that he had bought the beat copyright. He wanted to talk about cooperation. He needed to change his words, sing a version of wolf disco in Southern Fujian, and reported a huge amount of share. However, when the broker requests the other party to provide the purchase time and supporting documents, the other party fails to provide them.

Gems live response to netizens on Infringement

After sorting out the interface entertainment, we found that the current dispute between the two sides mainly lies in the scope of the rights and interests of the $99 authorization contract.

According to Zhao Zhigong, although the wolf team paid $99 in licensing fees, it still violated the rights of recording producers in the copyright law. Because it has been stated in the authorization contract that in principle, the use of large-scale commercial for-profit is prohibited, so variety shows and concerts are prohibited. Its like, you only pay the rent of a small room, but you use the whole villa, Zhao said.

The rights and interests of the authorized person are described in the authorization contract of US $99 for ihaksi

Also suspected of infringement are Netease cloud music, Migu video and other platforms. Zhao Zhigong explained that streaming media platforms such as Netease cloud music generate advertising revenue by releasing concerts, and Netease cloud music will also share some royalty revenue with creators. Because the exclusive copyright of the accompaniment part of the song is not in the wolf team, the original author has not authorized to upload to the music platform. In principle, Migu video and Netease cloud music should be removed from the shelves.

Now there are too many platforms to hear this song. If we contact one by one, we may have to send dozens of lawyer letters, so we can only find several representative platforms, and other platforms are also in communication. This is also the embodiment of the difficulty of safeguarding rights. Interface entertainment found that in addition to NetEase cloud music, QQ music, cool music, cool dog music, shrimp music and other mainstream music platform, shaking, fast, B station and other video platforms have wolf Disco.

The infringement problem can be said to be a stubborn disease in the music industry. In recent years, the most well-known case of safeguarding rights may be Li Zhi v. Wah haw haw. Zhao Zhigong told interface entertainment that the infringement of music accompaniment in China first occurred in the 1990s - a similar lawsuit occurred in a song sung by Cai Guoqing at the Spring Festival Gala. Infringement on beat is also common, but many people are unable to protect their rights. In most cases, its over. Zhao Zhigong tells interface entertainment.

The popular song oldtownroad on the overseas streaming media platform last year also involves similar issues. Zhao Zhigong believes that the infringement of wolf disco can be regarded as a reprint of the infringement of oldtownroad. The original songwriter paid only $30 for the accompaniment of the song. Later, he signed an agreement with the accompanist and distributed the copyright.

The birth of Shenqu

Photo source: Gem Weibo

Born in 1986, gem gem is the og of rap circle. As early as 2005, he and several rap fans jointly established our ethnic group, and later established the brand of our culture. This brand is mainly engaged in Chinese style rap, which was the most influential rap brand in Northeast China at that time. Unfortunately, rap culture was still taking root in China at that time. Most rap fans could hardly rely on music, and gem gem had been in poverty.

In 2016, the broadcast of variety show hip hop in China became the turning point of gem gems life. After the program was broadcast, he developed the idea of making money to support his family through fast acting rap. In October 2017, gem released the album your uncle, integrating rap and steam wave styles, including wolf disco. But gem gem didnt stand out in the show. He participated in China new rap in 2018, and then stopped at the audition stage. In the third season of China new rap 2019, gem passed the audition successfully, but was eliminated in 60 seconds. In the subsequent resurrection competition, he sang wolf disco.

Before the show, the song has gained some praise in the circle, but it is still limited to a small range of dissemination. Wolf disco didnt appear in the main film of Chinas new rap, but the program triggered the second round of song transmission, and wolf disco began to be popular at the public level.

Left hand dragons, the right hand painted rainbow was re interpreted in a variety of ways on the short video platform. Show Luo used wolf disco to do BGMs dance video. The volume of shaking was over 4 million. With the operation and promotion of the short video platform, the divine comedy was born. After the fire of the wolf disco, gem gem rearranged the content. For example, Chen Weitings remix version of the wolf disco was found. The authentic Cantonese was used instead of the Northeast Cantonese in the original version.

As a popular cultural phenomenon, the discussion about this song and northeast social culture also began to enter the mainstream medias vision. Gem gem once revealed that in the 1990s, the wolf kings disco was the most popular song in the Northeast concert hall. In this song, he described the impression of disco in his memory. Young people drank and danced, and Cantonese songs recalled. The music critic, Erdi, highly praised the song. He thought that the original version of wolf disco was impeccable, it has realism, fantasy, city life, romantic poetry, many extensions, unsatisfied words, and ingenious writing. It is a song that really gets through the masses and intellectuals, the city aesthetic and the elite aesthetic, joking and serious, the stars entertaining and entertaining themselves Popular carnival, song between local flavor culture and regional literature and art.

Gem gem once mentioned the concept of Renaissance in Northeast China in an interview with interface entertainment. In the past year, this statement has been given special significance in the context of northeast economic recession. With wolf Disco, gemstone Gem is also known as the northeast Renaissance three heroes by the netizens, the fourth and the Northeast writer of the short video creators. In January, he also worked with old fellow four and GIAO brothers to play a new song, old tie love songs.

Participating in the fourth season of the Tucao conference

Thanks to the influence of Shenqu, gems commercial value has also increased significantly in the past six months. Now, micro-blog has more than a million fans in its gem Gem. Before joining the Spring Festival Gala, he was active in various interviews, meetings and music festivals, and participated in the annual activities of the head video website. He also participated in the recording of the fourth season of the Tucao conference, CCTVs large-scale cultural music program classic chanting and so on.

At the same time, the wolf disco still has a strong vitality, and has derived many versions such as the peoples Navy version and the judge version. As early as the Spring Festival Gala, on the new years Eve, major TV stations began to scramble for wolf disco. Jiangsu TV invited Chen Weiting and gem gem, Hunan TV used tenger to partner Yang Mi, and the version on Oriental TV was the cooperation of Zhou Shen and Li Keqin. Zhang Wei said that the symbol of broken circle is the Spring Festival Gala. Finally, in the 2020 Spring Festival Gala, gem and the rearranged disco, together with Chen Weiting and Zhang Yixing, stepped onto the stage of the gala. After the lawyers letter was exposed, some people commented that there is no hip-hop in China. As far as the current situation is concerned, whether the wolf disco infringes or not still needs to be judged through legal procedures. However, there is no so-called plagiarism in the creation of the songs lyrics and music, and the distinctive parts of the lyrics and music are equally important for the popularity of the song. Rap culture has existed in foreign countries for more than 30 years, but it is still a new thing at home. Because of the driving effect of China has hip hop, many young people begin to pay attention to this field, but this emerging industry also faces too many uncertain factors. Wolf disco is another way to become the hottest rap song in 2019, but after Shenqu, the local original writers still need to work hard. Source: editor in charge of interface news: Li siu nbj11322

At the same time, the wolf disco still has a strong vitality, and has derived many versions such as the peoples Navy version and the judge version. As early as the Spring Festival Gala, on the new years Eve, major TV stations began to scramble for wolf disco. Jiangsu TV invited Chen Weiting and gem gem, Hunan TV used tenger to partner Yang Mi, and the version on Oriental TV was the cooperation of Zhou Shen and Li Keqin. Zhang Wei said that the symbol of broken circle is the Spring Festival Gala. Finally, in the 2020 Spring Festival Gala, gem and the rearranged disco, together with Chen Weiting and Zhang Yixing, stepped onto the stage of the gala.

After the lawyers letter was exposed, some people commented that there is no hip-hop in China. As far as the current situation is concerned, whether the wolf disco infringes or not still needs to be judged through legal procedures. However, there is no so-called plagiarism in the creation of the songs lyrics and music, and the distinctive parts of the lyrics and music are equally important for the popularity of the song.

Rap culture has existed in foreign countries for more than 30 years, but it is still a new thing at home. Because of the driving effect of China has hip hop, many young people begin to pay attention to this field, but this emerging industry also faces too many uncertain factors. Wolf disco is another way to become the hottest rap song in 2019, but after Shenqu, the local original writers still need to work hard.