Music disappearing from public spaces amid fear of copyright disputes

Music disappearing from public spaces amid fear of copyright disputes

2024-03-03

Just over 20 years ago, Taiwan passed an amendment to the Copyright Act in a bid to help artists and musical creators obtain royalties from their works. At the time, it was hailed as a milestone that would protect musicians and promote cultural development. But over the years, it’s become clear that the act has side effects harmful to Taiwan’s music scene. Overzealous copyright holders have found ways to abuse the system and collect extortionate licensing fees from small businesses and individuals. Those who do try to follow the law find themselves grappling with paperwork and hefty fees. All in all, critics say the act has forced music out of Taiwan’s public spaces. Our Sunday special report.

Colorful lights and an enticing beat get dancers on the floor. The dance hall at this club is where people can let go of their stress, by singing to their heart’s content. But the once carefree gatherings have changed over the past decade. Every now and then, a stranger will burst in and accuse the revelers of copyright infringement.

Mr. Chen
Singing club head
One time they came in saying that their company had a copyright on the music and that we hadn’t obtained a license. They asked us what we would do about it. So I told them that from that we would purchase a license from them. We also paid them NT$60,000 in compensation for the song that we were playing.

It may seem that music can be listened to and played freely, but that is not the case. In the year 2000, an amendment to the Copyright Act gave music creators, record labels and copyright management groups the right to collect licensing fees. The revision was aimed at protecting the intellectual property of creators. But it’s inadvertently caused big headaches for music lovers.

Ms. Lin
Former karaoke operator
They came in and asked me to lend them the book with the list of songs. I handed it over. Then, they said, “Oh, this song.” I asked them what was wrong with the song. At the time, they said it was nothing. Later, they called other people over and they asked to see the owner. Only then did they say that we were not allowed to use the song, and that we had to pay a fine.

Mr. Chen
Singing club head
A similar thing happened to a seafood restaurant near here. Reps from a copyright company went to the restaurant and requested a song. I remember it perfectly, the title was “Xiao Wei”. They owned the rights to the song, so the company took the restaurant to court and demanded a settlement of NT$600,000.

A fine of NT$600,000 could bring a small business to an end. The copyright rules have also affected the livelihoods of singing teachers.

Mr. Huang
Singing teacher
A teacher in this line of work was caught by a copyright owner and had to stop teaching. The fine was more than NT$300,000.

Being unaware of the law does not exempt violators from fines. But some copyright owners have turned to abusing the protections by “fishing” for victims to claim compensation.

Chang Po-wei
Street Arts and Culture Development Association
Street performers singing outside have been targeted before, as well as small businesses like beauty salons or even clothing shops. People show up at the door and say you have to pay to play the music. They’ll say it’s NT$5,000 per month or whatever, and that if you don’t cough up, they’ll sue you and you’ll end up paying thousands of dollars.

Hung Sheng-i
Intellectual Property Office
That kind of fishing strategy you mentioned was very useful early on. To collect evidence for a case, people could just request a copyrighted song, and take a video and photos, so that the violator would have no way to escape.

Such copyright disputes aren’t just limited to individuals and small businesses. Media outlets and online platforms have also been caught up in the storm. In 2022, a variety program called the “Bing Bing Show” was asked to pay NT$60 million in licensing fees.

Users should pay, but just how much is a reasonable fee?

Gary Kuo
Intellectual property lawyer
Songs are actually two kinds of copyrighted works. One is the musical work – that is the composition and lyrics. The other is the sound recording. It’s usually not too difficult to obtain a license for sound recordings, because all the rights are concentrated in a few entities. You can often do it via the record label or the distributor. So platforms and users can reach out to the record label or the distributor to obtain a license and negotiate the relevant fees.

Chang Chung-hsin
Soochow University School of Law
If you want to use other people’s works, you have to ask for permission or obtain a license. That is, you have to pay. But different kinds of uses may incur different kinds of fees. Public broadcasts, public transmissions and public performances are three different kinds of uses. Reproduction is yet another kind of use.

Obtaining licenses for a song and paying the relevant fees can be a complicated process. Several copyright associations have formed in Taiwan, to defend the rights and interests of music creators.

Hung Sheng-i
Intellectual Property Office
There are five such associations in Taiwan. So if you want to get a license to broadcast, transmit and perform the work in public, both for the musical work and the sound recording, you need to discuss the matter with all five associations. Every year, radio and television stations sign blanket license agreements with the associations. If you upload the program to YouTube, you’d have to also obtain reproduction rights. But the associations do not deal with reproduction rights.

Although television and radio stations pay high fees every year, they still sometimes encounter legal troubles. Several programs, including the “Bing Bing Show,” have been forced to shut down over the years due to exorbitant licensing fees.

The variety show “The Golden Age” faced the same fate, as did a popular radio music show hosted by Mickey Huang. Copyright disputes have dealt a big blow to major media outlets, as well as private users.

Mr. Huang
Singing teacher
There are so many fees that it has all become a big burden for music teachers. It creates concerns, making them less willing to take on students. Of all the countries in the world, Taiwan likes singing the most.

Although it’s neither unreasonable nor illegal to ask users to pay for music licenses, complicated application procedures and the risk of pricy disputes have slowly forced music out of public spaces.

Mr. Chen
Singing club head
Huanzhong East Road had a dozen singing parlors in its golden age. There was also lots of places along Huaxun Street, Xinzhong North Road, and Zhongshan East Road. But now almost all of them have shut down, because they can’t pay the licensing fees.

Copyright issues don’t just cause headaches in Taiwan. In the era of online streaming, licensing has become a major legal issue in countries all around the world. In 2018, the U.S. passed the Music Modernization Act. The bill aimed to lower the cost of licensing songs and expand upon the rights of music creators, to benefit both copyright owners and users.

Gary Kuo
Intellectual property lawyer
If you wanted to compile all the music onto one platform, you’d have to obtain licenses one by one from each of the copyright holders. That came with high administrative costs. The Copyright Act of the past wasn’t able to meet those needs, and that’s why the U.S. introduced the new Music Modernization Act. The main effect was that it made the licensing process less difficult and it lowered costs, so that people or platforms that want to use the music can do so fully.

Article 1 of Taiwan’s Copyright Act states that the bill was enacted for the purpose of “promoting the development of national culture.” But the reality is that acquiring licenses to use any song requires engaging in many negotiations and paying multiple fees. Critics say this cumbersome and expensive process is detrimental for cultural development, but the government says it all comes down to market mechanisms. Meanwhile, the number of music programs is on the decline, and music is no longer played at department stores, cafes or public spaces such as train stations. Even street performers are afraid of singing in public.

Chang Po-wei
Street Arts and Culture Development Association
I know a lot of music creators, including people who are just starting out and people creating music online. What they want is for the songs they are writing to be heard everywhere. Imagine if you were strolling around the pedestrian area in Xinyi District, or walking along the Calligraphy Greenway in Taichung, and everything was silent. No music playing. It’s detrimental to the growth of the music industry and the development of urban art in cities.

Taiwan’s Copyright Act has been in effect for more than 20 years now. Though well intentioned, it has given rise to an endless string of licensing disputes. Critics say the bill has driven music away from society.

Chang Po-wei
Street Arts and Culture Development Association
When I was still a student, I often went to the Chunghwa Market in Taipei. I could walk along the street from the first block to the last while hearing the entirety of Chyi Chin’s “Yuanlai de Wo”. On the way back, I could listen to Dave Wong’s “Forget About You / Forget About Me.” Music was our companion during our student days. I hope these copyright associations can think about this. If tomorrow the works by all these artists were to disappear from the streets of Taiwan, would their music continue to be passed down?

As music players shut off and street performers go quiet on the streets, is Taiwan destined to become a society living in silence? Only time will tell.

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