Core Viewpoint - The dispute between G.E.M. (邓紫棋) and Hummingbird Music (蜂鸟音乐) centers around copyright ownership and the legality of her re-recording early works without authorization, which Hummingbird claims infringes on their rights [1][2][5]. Group 1: Copyright Ownership Issues - Hummingbird Music asserts that all music works created by G.E.M. during the contract period from 2007 to 2022 belong to the company [2]. - G.E.M. argues that some works were not explicitly prohibited from being re-recorded at the time of their initial recording, citing the "statutory license" clause in copyright law [3][6]. Group 2: Public Performance Rights - G.E.M. retained public performance rights when she joined the Hong Kong Composers and Authors Society (CASH) at the age of 14, which she uses as a legal basis to bypass Hummingbird's control [4]. Group 3: Financial and Contractual Issues - G.E.M. accuses Hummingbird of withholding royalties for six years and failing to pay service fees prior to contract termination, claiming that Hummingbird no longer has the right to assert copyright control [5]. Group 4: Legal Framework and Statutory License - The statutory license under Article 42 of the Copyright Law of the People's Republic of China allows recording producers to use others' works without permission, provided they pay reasonable compensation [6][7]. - The interpretation of the second clause of this article is crucial, as it specifies that only legally recorded and published works are protected, which applies to G.E.M.'s previous recordings for Hummingbird [7][8]. Group 5: International Context of Statutory License - The statutory license system is a significant mechanism in copyright law internationally, aiming to balance creator rights with public interest, with varying applications across countries like the U.S., U.K., Germany, and Japan [9][10][11][12][13][14][15]. - The case highlights the need for clearer regulations regarding creator rights and the potential for legislative changes to protect artists better in the future [19][20].
邓紫棋想重唱“自己的歌”,为什么那么难?
Hu Xiu·2025-06-23 11:46