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重录旧曲上线,邓紫棋与蜂鸟音乐版权纷争再升级
Xi Niu Cai Jing· 2025-06-24 07:55
Core Viewpoint - The ongoing copyright dispute between G.E.M. (邓紫棋) and Hummingbird Music has escalated as G.E.M. announces the re-recording of her old songs, highlighting the unresolved issues surrounding the ownership of over 100 songs since their contract termination in 2019 [2][10]. Group 1: Copyright Dispute - G.E.M. claims she has not received royalties for her old songs for over six years and asserts her right to re-record under the "statutory license" provision of copyright law [4][7]. - Hummingbird Music maintains that the copyright and songwriting rights of the original works belong to them, accusing G.E.M. of infringing on reproduction, adaptation, and online dissemination rights [5][7]. - The dispute involves 103 songs, including popular tracks like "光年之外" and "泡沫," with Hummingbird Music asserting their ownership of the original recordings [7][10]. Group 2: Industry Implications - The case underscores a broader issue within the industry regarding the unequal contractual relationships that bind new creators, exposing systemic problems related to copyright ownership and royalty settlements [10]. - The ongoing legal battle reflects the challenges faced by artists in securing their rights and fair compensation in the music industry [10].
邓紫棋想重唱“自己的歌”,为什么那么难?
Hu Xiu· 2025-06-23 11:46
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].
邓紫棋重录维权:音乐行业版权乱象下,法律该如何破障
Qi Lu Wan Bao Wang· 2025-06-13 02:03
Core Viewpoint - The ongoing copyright dispute between G.E.M. (邓紫棋) and Hummingbird Music highlights significant issues in the music industry regarding copyright ownership, royalty distribution, and trademark rights, prompting calls for reform in industry contracts and legal frameworks [1][2][4]. Group 1: Copyright Dispute Overview - G.E.M. has not received royalties for her old songs for over six years due to a problematic contract signed at age 15, which transferred rights to 103 original songs to Hummingbird Music [1]. - The dispute has drawn attention to the complexities of music copyright, including the separation of rights among songwriters, performers, and producers, and the exploitation of vague contract terms by companies [2][3]. Group 2: Legal Framework and Solutions - The key to resolving the dispute lies in G.E.M.'s membership in the Hong Kong Composers and Authors Society (CASH), which allows her to retain certain rights over her works despite Hummingbird's claims [2]. - The flexibility of China's Copyright Law enables G.E.M. to re-record her songs without Hummingbird's permission, as long as no prohibitive statements were made during the original release [3]. Group 3: Recommendations for Industry Reform - The dispute serves as a catalyst for restructuring industry contracts, emphasizing the need for clear rights delineation, detailed royalty distribution, and proactive protection of artists' names [4][5]. - Recommendations include mandatory rights lists in contracts, differentiated royalty structures based on usage scenarios, and a dual-track system for payment and dispute resolution to ensure transparency and accountability [5][6]. - Proposals for trademark rights include ensuring that artists retain ownership of their stage names, with strict penalties for companies that attempt to register these names without consent [5][6].