In the 2021 CCTV Spring Festival Gala, Yue Yunpeng and Sun Yue performed a cross talk "New Year's Eve Song". At the end of the cross talk, Yue Yunpeng sang a song called "The Dearest Person" . According to the live broadcast, Xiao Yueyue sang this song. When the music started playing, we saw from the live broadcast that the song title and songwriter were printed on the screen. This shows that this song is officially used as a program, added after Yueyue's cross talk, and performed completely by Xiao Yueyue. People who have watched this cross talk in its entirety should know that in this cross talk Xiao Yueyue sang a lot of song fragments, and these are part of the creation of this cross talk, so there are no corresponding subtitles for this part, and there is no need to do so.
The CCTV Spring Festival Gala is essentially a gala, which is broadcast live to the world. The actors in the Spring Festival Gala perform various works, the most common of which are songs, skits, crosstalk, dance, acrobatics, etc. These works are disseminated through the CCTV Spring Festival Gala. Even if it is played repeatedly and for a long time, of course other TV stations will also play it, which will inevitably involve copyright protection and intellectual property rights.
From a professional perspective, one is the copyright of the work, and the other is the neighboring right of the work communicator. From the perspective of copyright, the forms of creation include free creation, commissioned creation, collaborative creation, job creation, interpretation creation, etc., and also involve agreements between the creator and his unit, or between the work and CCTV after it is adopted. Agreement stipulated.
For songs, according to the relevant provisions of the Copyright Law:
1. Lyricists and composers enjoy narrow copyrights respectively for the words and music they create.
2. The singer is the singer of lyrics and music and the disseminator of the work. Therefore, the singer is the owner of neighboring rights and has a performer right.
3.?The sound recording producer is also a neighboring right holder and has a sound recording producer right.
4. Sound recording producer’s rights refer to the four rights that sound recording producers enjoy in their master recordings.
So the music copyright of a song actually includes the lyrics and music copyright of the songwriter and composer, the performer's rights of the singer, and the sound producer's rights of the sound producer. Let’s go back to the song “Dearest Person”.
The original singer of "The Dearest" is Lu Haitao, the lyrics are Zhang Wei, the music is composed by Xu Yiming, and the arranger is Yu Qiushi. It was released on 2015-08-22. Let’s just talk about Lu Haitao. Lu Haitao came out of CCTV’s Avenue of Stars and has an unusual relationship with CCTV. He is often seen in CCTV-related programs. This song is considered an old song, so it is most likely a free creation. In other words, the copyright of the song belongs to the creator himself and the company to which the creator belongs. Xiao Yueyue sang this song on the CCTV Spring Festival Gala. CCTV should purchase or negotiate the corresponding copyright. In addition, CCTV also has complete copyright for Yue Yunpeng's program on the Spring Festival Gala.
In addition, we should also talk about the right of interpretation and creation. The so-called interpretation and creation are secondary creations based on existing works, such as adapted works. According to the Copyright Law, the right to perform a work belongs to the copyright owner of the work, and the permission of the copyright owner is required when performing other people's works.
CCTV will definitely pay attention to the intellectual property rights of the works, so from the CCTV perspective, there will be no problems. As for Yue Yunpeng, judging from the entire cross talk, the authors of "New Year's Eve Song" are Yue Yunpeng and Sun Yue. In terms of content, this cross talk does not have much to do with the song "Dearest Person". Moreover, CCTV's language program review is very strict, so I personally think that this is actually Yue Yunpeng performing two programs.
Of course, this cross talk has its own specific scene, which means it is specially customized for the Spring Festival Gala or New Year's Eve. If it is performed in a small theater or other commercial performance, the meaning of this work will be much less. Of course, if it is a small theater or commercial performance, and Yue Yunpeng sings this song, especially the complete song, it is best to purchase the copyright. So as far as this issue is concerned, there is basically no problem for Yue Yunpeng to sing this song on the Spring Festival Gala, and he will not encounter so-called claims. CCTV will definitely handle copyright-related matters.