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On May 23, internet celebrity Guo Youcai released his first original song on social media. Previously, he gained fame by covering the song "Promise," which quickly garnered millions of followers. However, this popularity brought controversy and questions about whether his covers and the substantial rewards he received during live streams constituted copyright infringement.

In response, Zhao Zhanling Esq., attorney at JAVY Law Firm and a special researcher at the Intellectual Property Research Center of China University of Political Science and Law, provided an in-depth analysis to China News Service.

Guo Youcai’s cover of an old song went viral, leading to his overnight fame. He frequently live streams, taking song requests from fans and receiving numerous rewards. His cover videos and live streams typically do not credit the original artists, sparking debates about potential copyright infringement.

Some argue that accepting rewards during live streams constitutes a commercial cover, thus infringing copyright. But does not accepting rewards eliminate infringement concerns?

Mr. Zhao explains that whether or not rewards are accepted is not the criterion for determining commercial use or infringement. Even without direct rewards, the generated traffic can be monetized through increased commercial value, endorsements, or sponsorships, leading to commercial gains.

Zhao states that using others' music in live streams likely constitutes commercial use and, without permission, is easily deemed infringement. Even if rights holders do not explicitly oppose such use, authorization is still required.

If the background music in live streams comes from a platform that lacks authorization, the platform itself may also be infringing. However, if the platform has obtained authorization, the issue is less likely.

Zhao highlights that most uses of copyrighted music in live streams or short videos do not fall under the fair use provisions outlined in Article 24 of the Copyright Law, which allows for certain uses without the rights holder's permission, provided it does not affect the normal use of the work.

In summary, Guo's case exemplifies the complexities of copyright issues in the context of live streaming and online content creation.