Music CDs purchased by oneself cannot be played publicly in business premises

Q: Why is it an act of using other people's works to play a purchased music CD with one's own broadcasting equipment in the store?

A: Playing music CDs with your own broadcasting equipment in business premises is called public performances, and the right to public performances belongs to the owner of the copyright property rights. If you buy a genuine music CD, you only buy the ownership of the CD, but don’t buy it. The songwriter and record company have the right to perform publicly on this CD. Therefore, to play the music in the CD public performance for customers to listen to, it is necessary to obtain authorization from the songwriter and record company.

Public broadcast music should be called "public performance"

According to the definition of copyright law:

Public performance: Refers to the use of acting, dancing, singing, playing musical instruments or other methods to convey the content of the work to the public at the scene. It also belongs to those who use loudspeakers or other equipment to convey the original sound or image to the public.

 

Public broadcast music is the copyright owner or copyright intermediary group that authorizes the public performance rights of musical works (songs and music) and recording works (CD) to users for legal and public use.

 

In the case, without obtaining the right to use public broadcasting, the prosecution used Article 92 of the Copyright Law: "Public oral, public broadcasting, public screening, public performance, public transmission, public display, modification, editing, or renting for profit. Those who infringe on the copyrights of others" believe that the company is playing songs by Wu Sikai, Huang Yunling, and Hou Xiangting in stores without authorization, and sues the person in charge of the company.

 

Therefore, if the store performs public performances without formal authorization, that is to say, playing CDs (regardless of genuine or pirated) in public places (especially business premises), it violates Article 92 of the Copyright Law and can be punished for less than three years. Fixed-term imprisonment, criminal detention, or a fine of up to NT$750,000.