Did “Wild Wolf Disco” infringe?
Editor’s note: This article is from WeChat public account “ Mr. Zhao’s Office ” ID: classiclawyer), author: Zhao Zhi Gong. The original title “[Accompaniment author Ihaksi finally spoke]] Official lawyer letter:” Dino Wolf “infringement? 》
Foreword
The people of the country have overcome the difficult times, and everyone has had a very special and very heavy Spring Festival.
Although the epidemic is severe throughout the country, CCTV Spring Festival Gala, as a fixed traditional project every year, still brings entertainment and joy to everyone through the screen.
Did everyone watch this year ’s Spring Festival Evening “Disco” performance? Gemstone became the first rapper to appear on the Spring Festival Gala. It was a matter of pride for Gemstone. Sincerely happy for him and completed a thing of historical significance.
After the performance of Spring Festival Gala, Weibo said that he would donate the entire copyright proceeds of the song “Wild Wolf Disco” to the family members of medical staff in Wuhan. This kind of mind is very admirable.
“Wild Wolf Disco” is a song that brings a lot of joy to everyone. The wild wolf team “Yu Yu” (Beauty’s Brokerage Company) is also using actual actions to support Wuhan. Everyone has seen it.
A lot of years ago, rap was a ridiculous new thing called “rua 普 (Rap)” in the Spring Festival Evening Crosstalk. Nowadays, the Internet is like an amplification converter. The energy of the Internet can limit the energy of individuals amplification. The song “Wild Wolf Disco” is just that. It can be heard in supermarkets for commercial activities, party performances, bar didi, company annual meetings, corporate promotional videos, and even out of the bottle of mineral water.
The Internet has helped many ordinary people achieve their dreams. The success of Jewel Laozhu sincerely wishes him better, and hopes that he will get better and better, and look forward to him bringing more good music and joy to everyone in the future.
But with the popularity of “Wild Wolf Disco” in the Chinese-speaking world, there have always been some controversial voices, making such a happy song have some unhappy melody. For example:
Some comments from YouTube (you can click on the image to enlarge it)
Some comments from station B (you can click on the image to zoom in)
Some reviews from Netease Cloud
Some articles and comments from media
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So who is Ihaksi mentioned above?
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What does “Beat” always mean?
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Are there any plagiarisms in Disco?
Don’t worry, everyone will figure it out immediately.
Analysis
Wild Wolf Disco is a popular rap song. From the complete composition of the song (song), it is divided into three parts: words, tunes and Beat (accompaniment).
The rap song, which is the part of the main song of Verse, belongs to the creation of the old gem.
Melody, the Hook chorus part,Belongs to the creation of old gem.
Beat, which is the accompaniment of the song, is not original by Jewels or his team. It is not an invitation to a domestic music producer or Beatmaker to make a tailor-made accompaniment to “Wild Wolf Disco.” Works by Finnish music producer Vilho Ihaksi.
So where does the Beat in “Wild Wolf Disco” come from? Is Jewel Gem familiar with the Finnish music producer?
It doesn’t seem to be.
Beat of “Wild Wolf Disco” is called “More Sun” and is the work of Finnish music producer Vilho Ihaksi.
“More Sun” was first published in February 2018, well before the popular “Wild Wolf Disco” in 2019.
As a professional music copyright lawyer, I know the picture is very pale. In order to prevent some friends from asking the question, “Mr. Zhao, are you saying that?” He produced DAW project files for “More Sun” (you can see that he used FL Studio as the host software for More Sun Beat), and he also showed us a single music track (Stem). These files are unique Yes, it can be said that only the author Vilho Ihaksi’s computer exists in the world.
The author deliberately displayed the project file of More Sun on the computer for the first time (to protect the author’s personal privacy, private personal information has been hidden)
Different from traditional pop music, there are some differences in the workflow of rap music from traditional music production.
The creation of more traditional pop music consists of lyrics and then arrangements.
Usually a melody develops harmony, structure and overall music.
Or through words, develop the melody, and then develop the harmony, structure and overall music.
Arrangement refers to the production of harmony, timbre or soundtrack based on lyrics, and finally recording in the studio, which is the work we hear.
If there is no arranger, the song will be sung.
To sum up: the creation of popular music is a song, followed by an accompaniment, and finally the recording becomes a finished product.
Rap music is special for historical reasons. (Interested friends can refer to my previous article: This article has been updated for power, sampling and law. (Ewe-Sampling and Law-Renewal) ), Beat (that is, the accompaniment in Hip-Hop music) is the creative motivation of rap music.
The rapper started writing after hearing Beat. (Of course, because rap is generally not melodic, rappers can put the old rap words on the new Beat to sing, but this kind of speculation that is more “playing clever” is generally called “set words”. Once Found that it will be despised and attacked)
Understanding some hip-hop cultures, including friends of rap and DJ, will rarely call the Beat a music accompaniment, because Beat is not for “accompaniment” of a song, Beat is Beat, is an independent specific existence.
To sum up: Beat is a very important part of the rap song. Beat is produced first, then the words are written, and finally the recording becomes the finished product.
Famous video “When RAPPERS Hear New Beats … Rick Ross, Pharrell, Jay Z, Timbaland, Busta Rhymes, clearly records the first reactions of many famous rappers when they heard Beat.
Manual portal: https: / /www.bilibili.com/video/av10826898 from = search & seid = 14172602977243299919
Jay-Z heard Kan ’s West ’s Beat ’s reflection, and she can know how important a Beat is for a rapper ’s creation.
Whuuuuuuut …….. This is dope !!!!
Oh man! Kanye’s Beat is amazing! Am I in heaven?
Of course, in reality, not everyone has the opportunity to let Kanye customize a Beat for you.
With the development of the Internet, Beat has become a commodity, and the content sold is copyright authorization.
Beat can be rented, that is, after paying a certain fee to Beat’s music producers, it is usually clearly marked, ranging from a few dollars to 100 dollars, and can be used to record songs.
This is also the judgment of many friends from the media who previously mentioned that “Wild Wolf Disco” copied the Italian singer SPOLPA ’s “DIMMI”.
So, are the producers of Beat all the living Buddhas of music, making their own hard-working music works for free or at a very low cost? No, for example, the $ 99 license is very limited and can only be used for non-commercial use. Television, advertising and commercial performances are strictly prohibited. If you want to get these permissions, you need to pay more for new licenses.
To sum up, Beat can be used to entertain yourself. It can only be used in non-profit and non-commerical occasions. However, it is absolutely forbidden to perform for-profit performances from the perspective of star entertainers. Higher-level authorization.
Let’s take a look at Ihaksi’s $ 99 license contract.
A contract of $ 99 clearly shows that all for-profit performances, variety shows, and concerts are forbidden. In principle, large-scale commercial for-profit use is prohibited.
At this time, everyone may have a question. You passed Beat to me, and you are far away from abroad. How can you know if I use it for non-profit or for-profit?
In order to prevent music from being overused by music producers, music producers will add specific sound effects or recordings to the music provided, commonly known as watermarks (Tag / water tag / producer tag). Ears are honest, others will listen to it. Know who made the Beat, where you bought it, and how much you paid for it.
Wild Wolf Disco begins every timeI can hear the sound of two “peew ~~~ peew ~~~” and a “Ihaksi” read by a low-key man. This is not the voice of the old jewel of the gem, nor is it the beginning of the recording specially for the wild wolf Disco. Not to mention specially produced song effects. This opening: is the anti-theft watermark of accompaniment author Vilho Ihaksi.
I do n’t have any personal grudges with Gem Lao. This is not a mapping or accusation. I just want to change the angle and give an example to explain what a watermark is:
When pirated Windows is in vogue, it’s like you turn on a computer, and a few large characters show “Tomato Home”.
Or a pirated DVD movie purchased at a hawker might be a “gun movie” sneak shot in a theater.
Love donation is definitely a very good and absolutely correct thing. Nothing is more valuable than life and love, but if you donate money from the sales of Tomato Home Edition Windows or pirated DVD do n’t know Microsoft And Smith would think.
At the same time, there must be a concept. Copyright revenue and commercial performance are two concepts. Beat is also used in commercial performances. The prices of more big-name mainstream rapper performances are generally about 500,000 yuan before each tax. It ranges from RMB 1.5 million. Music copyright income and performance income are not of the same order of magnitude.
What we are talking about today is music copyright, which is a matter of discussion. Please do not touch on morality, art, morality and other aspects. We only talk about law. Love, art and people are not right or wrong, we only discuss things.
I also know that letting go of prejudices is that analyzing problems with logic and reason is a matter that requires training to reach. If you have caused any discomfort by reading here, I recommend closing this article here.
Facts
The author Vilho Ihaksi and copyright owner Maxima International Media have entrusted me to send a formal attorney letter on behalf of the author and copyright owner to interested parties in Wild Wolf Disco.
Author Vilho Ikaksi’s video statement on the rights of works
The commercials, commercials, and Spring Festival Gala of Wild Wolf Disco are almost the last ones I know.
Author Vilho Ihaksi has licensed the comprehensive copyright of More Sun (including exclusive use, exclusive commercial development, exclusive brokerage and exclusive litigation) to Massima International Media in China (including Hong Kong, Macau and Taiwan) (Beijing) Co., Ltd. Maxima International Media (Beijing) Co, Ltd.
In the Greater China region, Massima International is the sole exclusive copyright owner of More Sun.
That is, any ambassador to More Sun in Greater ChinaUse should be authorized by Massima International. Includes “Wild Wolf Disco.” Unauthorized use is likely to receive a letter from a lawyer similar to “You Are Too Beautiful”, or even a court summons. Of course, the lawyer’s letter sent by the copyright owner Massima International is not targeted at any ordinary netizen or listener. We can call the lawyer’s letter for this incident a “wolf you are too wild” lawyer letter.
But so far, the lawyer letter of “Wolf you are too wild” has been sent, but the Disco team did not get any contact with Massima International.
To conclude, it’s not that everyone will not hear “Wild Wolf Disco” in the future.
The old jewel of gem is the copyright owner of the song and song of “Wild Wolf Disco”. If “Wild Wolf Disco” does not use “More Sun” as an accompaniment, it is possible to directly sing, re-arrange or use other accompaniments. Authorized by author Vilho Ihaksi and copyright owner Massima International.
But as long as you continue to use More Sun, it must be authorized by the author’s exclusive licensee, Maxima International, in China.
In this matter, before the Chinese New Year, Massima International commissioned me to send a letter of attorney to the wolf team, Emperor, Huawei, Netease Cloud and Migu to stop using.
Results
Mi Gu, as an affiliate of China Mobile, has notified major TV stations to investigate the matter thoroughly.
Huawei, has responded to us for the first time and is communicating.
Netease has no reply so far.
Emperor, no reply so far.
Yu entertainment (Wild Wolf Disco team), no reply so far.
Attach: Event time combing
In early 2018, Finnish music producer Vilho Ihaksi created the music accompaniment Beat and named it More Sun.
On February 1, 2018, Ihaksi uploaded More Sun to BeatStars, the world’s largest Beat trading platform website.
On February 2, 2018, Ihaksi uploaded More Sun to Youtube.
From February 2018 to the first half of 2019, the oldest jeweler recorded the first version of “Wild Wolf Disco” with More Sun.
During the first half of 2019, “Wild Wolf Disco” was released on the Internet by editing MV videos and distributed in the country.
On August 16, 2019, the old Chinese jewel’s “Wild Wolf Disco” in the “China New Rap” resurrection competition was exposed.
On September 2nd, 2019, Jewelry’s “Wild Wolf Disco” was officially launched on the domestic streaming platform.
On October 15, 2019, “Wild Wolf disco (Chen Weiting Chorus Edition)” was officially released, and it spread rapidly in Chinese-speaking regions around the world.
On November 15, 2019, the author Vilho Ihaksi learned the fact that “Wild Wolf Disco” became the Chinese version of “Old Town Road” and exclusively authorized Massima International to defend rights.
On December 6, 2019, the commercial song “Wild Wolf disco (Honor V30 5G Edition)” customized for Huawei was officially released.
From November 2019 to January 2020, Massima International, the copyright owner, negotiated with the Wild Wolf team, but was rejected.
On January 5, 2020, because the copyright owner failed to communicate, Massima International officially commissioned a lawyer to send a lawyer’s letter to the wolf team, Emperor, Huawei, Netease Yun and Migu, requesting that the music works and recordings be stopped. More Sun “is used as an accompaniment. No response from the Wild Wolf team.
On January 27, 2020, Gemstone announced on Weibo that he would donate the copyright income of “Wild Wolf Disco”.
Today, the Wild Wolf team has not made any contact with the author and Massima, the copyright licensor of More Sun.
As a friend in the circle of gems, I have personal contact information with each other, and I have not received any reply yet.
Sorry.
Summary
Everyone knows that the country where the author Vilho Ihaksi lives is Finland, the Nordic country with the highest social welfare in the world. In the words of Teacher Gao Xiaosong, “I feel that my heart is ugly and rude in Northern Europe.”
So please don’t use this kind of thinking because the song is so popular.
The indifferent awareness of copyright law and the disrespect for music producers are the reasons that anger the author.
We overcome difficulties together, and we remember kindness.
At the same time, we should respect copyright and respect every creative worker.
Ignorance of copyright is also a virus that harms creative workers and hopes to be cured soon.
Due to the epidemic situation, the entire music performance industry, like other industries, is in a “pending” state, and everyone suffers from anxiety caused by “unknown”.
I wish you all healthy and safe, take care of your body, and still be full of sunshine in this world. Let’s face this extraordinary, destined to be remembered, difficult year beginning 2020.
