The complete version has been released online: Is filming a concert video commemorative or illegal for the audience, and the concert is still being held in the video | Concert | Full version

The last concert of singer Li Zongsheng's Shanghai concert will be held tonight. However, some viewers have found that after their first concert in Shanghai on August 17th, a complete video of the concert, which lasted for 2 hours and 47 minutes, has already appeared online.

With the comprehensive recovery of the concert market this year, concert segments, entire songs, and even the entire concert video have been continuously uploaded online.

Is such behavior suspected of being illegal? In the eyes of some viewers, fans filming concert videos is not for profit but for commemoration or sharing with fans, and the filming behavior does not affect the revenue of the concert organizers. But some legal professionals point out that according to the Copyright Law, such behavior is suspected of infringement.

The ongoing tour is fully online

Tonight, the final concert of Li Zongsheng's 2023 "Year of Songs" tour in Shanghai will be held at the Mercedes Benz Cultural Center. This Shanghai station performance will start on August 17th, with a total of three performances. This is Li Zongsheng's second concert in Shanghai after many years of absence, which has been highly anticipated by fans. His ticket price of 2580 yuan for the concert set a new record in recent times.

However, after the first concert ended on August 17th, live videos gradually appeared online. Subsequently, someone uploaded a long video that lasted nearly 2 hours and 47 minutes, almost covering the entire concert process. In the comments section, someone has also organized the concert tracks and the timeline for each song. The video uploader later announced their seating area and the model of the equipment used.

At around 1am on August 20th, someone uploaded the second full video of the concert, which was held on the evening of August 19th. It was divided into 34 consecutive short videos based on the track and concert content, with a total duration of 2 hours and 48 minutes.

Li Zongsheng's concert was fully online the next day

Li Zongsheng's concert is not the only singer who has been fully filmed and posted online recently. On August 13th, the entire concert of Leung Ching ru in Suzhou was filmed, and the video title emphasized words such as "whole venue" and "front row middle". The 3-hour version of Mayday's Shenyang concert on July 16th was also posted online a few days after the event, with titles emphasizing "infield" and "entire process". In addition, the concert videos of Jay Chou, Li Ronghao, Jacky Xue and many other singers were released. Most of the tours are still in progress, and some videos have been played more than 100000 times.

Compared to the commonly seen short videos taken with mobile phones during concerts in the past, some recent long videos of the entire concert have significantly more stable shots and improved clarity. A publisher responded to a question from netizens in the comment section by saying that they were shooting with a camera and tripod. Some people have also found that some videos do not include the common sound of the photographer following the singer during a concert, and it turns out to be "holding back from singing".

There is a risk of infringement when shooting concert videos

Is it legal and reasonable to shoot and release the entire concert when the act of using a mobile phone to aim at the screen in a cinema is increasingly opposed?

In the eyes of some fans, filming a concert is for commemoration and does not infringe on the rights of the concert organizer. In online concert videos, many have left the words "commemorative", and many uploaders are also willing to interact with netizens in the comment section, sharing and exchanging details of the scene and their feelings for the singer. "The cost of attending a concert is very high, and fans want to leave a record for themselves." Lei Ming, a company employee who has attended two concerts this year, believes that such filming has no profit motive: "There may still be spoilers in the movie, but the songs of the concerts are all publicly announced in advance."

"Why do we spend a high price to attend concerts? The key is the live performance!" Mr. Wei, a veteran fan of Li Zongsheng, has been following two concerts in a row. In his opinion, watching live videos online is completely impossible to experience the experience from the visual, sound, and emotional aspects. "Why not listen to the records when watching such videos at home?" He has collected some official DVDs and other derivative products published after concerts. "These official products not only have different shooting angles, clarity, and sound effects than what he filmed, but also include interviews and behind the scenes stories of singers and creators. The profits of these derivative products cannot be infringed upon by several online videos released by the organizers." There's no need to argue, right

However, in the eyes of legal professionals, although such behavior is understood by some fans and netizens, there is still a risk of infringement. Article 10 of the Copyright Law stipulates that the rights enjoyed by copyright owners include multiple related rights——

Performance rights, namely the right to publicly perform works and the right to publicly broadcast performances of works through various means;

The right to film, that is, the right to fix a work on a medium by the method of filming audiovisual works;

The right to information network dissemination refers to the right to provide works to the public through wired or wireless means, so that the public can obtain them at the time and place they choose.

"Shooting and publishing live concert videos carries the risk of infringing on these rights." It is reported that Article 52 of the Copyright Law clearly states that without the permission of the copyright owner, works can be used for exhibition or filming of audiovisual works; Those who live broadcast or publicly transmit their live performances, or record their performances without the consent of the performer, shall bear civil liabilities such as cessation of infringement, elimination of influence, apology, and compensation for losses according to the situation. "Although the use of previously published works by others can be exempted for personal learning, research, or appreciation, there is still controversy over whether concerts that are still on tour are considered 'already published' and whether videos are truly solely for personal enjoyment."

Can large-scale filming equipment be refused entry?

In fact, from theaters to art galleries, many cultural exhibitions have begun to say no to relatively professional filming equipment.

According to the "Notice for Ticket Purchase and Performance" of the National Grand Theatre, the audience is required to store their photography and recording equipment in the dressing room. Photography, video recording, and audio recording are strictly prohibited during performances, and flash is not allowed. During the performance, the phone must be turned off or adjusted to silent mode to avoid making or receiving calls.

"When watching a performance in the theater, even with a phone, not to mention holding a camera, the staff will remind you." Shi Lei, a brand planning practitioner who often watches performances at the Shanghai Grand Theatre, said that in terms of stage performances, the theater has formed a tacit understanding with the audience.

More and more art museums are also saying "no" to professional shooting equipment. The Tianmuli Art Museum in Hangzhou, Zhejiang Province has clearly stated in the "Exhibition Notice" that the use of professional equipment such as flash lights, tripods, long lenses, and selfie poles is prohibited in the exhibition hall. Some exhibits and all videos are prohibited from being filmed or recorded. This regulation aims to "respect the achievements of artistic labor and protect exhibits.". The He Art Museum in Foshan, Guangdong Province clearly prohibits the entry of medium or large format cameras, super zoom and telephoto lenses, selfie sticks, gimbals, stabilizers, flash, aerial cameras, and recording equipment. It is also explicitly restricted to "small format cameras with dimensions less than 15 x 15 x 10 cm" and "only one lens with a focal length less than 80 millimeters".

Partial uploaded videos are more stable than on-site shooting in the past

The reporter saw in the prohibited and restricted items for the audience of Li Zongsheng's concert that 16 types of items were listed in detail in the explanation, including selfie poles and aerial cameras related to filming, but no regulations were made for tripods and professional shooting equipment.

"A large-scale concert can easily attract tens of thousands of people, which is really beyond our control," said Mr. Huang, who works in performance planning and coordination. The core competitiveness of a concert lies in being "live", and the audience's ability to shoot videos themselves does not have a significant impact on the performance. But he also admitted that the performance market has rapidly recovered this year, with some new phenomena emerging. "For example, during the Mayday Beijing concert, a couple wearing wedding dresses took photos under the spotlight, which caused a lot of controversy. Some concerts now also adopt ticketing live streaming. If any audience brings equipment to live streaming, it will affect the organizers' profits." In his opinion, whether to impose restrictions and hold accountable depends on the specific situation of the performance.