Article 10 of the Copyright Law includes the following personal rights and property rights:
. . . . . .
(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;
. . . . . .
The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph and get remuneration in accordance with the agreement or the relevant provisions of this Law.
The copyright owner may assign all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration in accordance with the agreement or the relevant provisions of this Law.
It is not difficult to see from the above provisions that both commercial performances and background music belong to the scope of remuneration prescribed by law.
This is the law. In fact, the permit for live performances has been carried out in China for more than ten years. Online search can find many cases.
Including 13 famous songwriters' statements before and after the Spring Festival, commercial performances are not allowed to use their works without authorization, and last month's "in the spring" incident in Wang Feng, are all related to this authorization.
The above is about live performance. Playing background music by paying copyright fees has been implemented in China for 10 years. At present, domestic large international chain stores have basically paid for it, including all airlines, hotels, large chain restaurants and so on.
On the whole, however, whether it is live performance or background music, the authorization of these two pieces of music is still in a very primary stage in China, which has a certain relationship with the national awareness of intellectual copyright and the improvement of the national legal system.