Is lip-syncing in concerts considered fraud?
Recently, Mayday has been accused of lip-syncing during their concerts. A blogger created a video to assess the authenticity of Mayday’s performance of 12 songs at their Shanghai concert. “Mayday Lip-Sync Assessment” became the number one trending topic on Weibo. The discussion extended beyond Mayday itself, sparking debates among netizens: what exactly constitutes “lip-syncing,” what legal issues are involved, and whether lip-syncing that satisfies the audience can be considered acceptable?
Mayday’s concert under suspicion of lip-syncing
In November, Mayday’s 2023 “Really Really Want to See You” concert in Shanghai ran for eight consecutive shows, with 2.643 million people marking interest on “Damai Xiangkan” even before official ticket sales, accumulating over 360,000 attendees in total.
However, recently, the YouTuber “Maitian Nongfu” received a submission from a netizen claiming that Mayday’s concert involved lip-syncing. The YouTuber selected 12 songs recorded by fans at the concert and analyzed the vocals. According to their assessment, among the 12 songs, “Ganbei,” “Love Ing,” “Zhi Zu,” “Ai Ren Cuo Guo,” and “Shang Xin De Ren Bie Ting Man Ge” were lip-synced. Notably, “Ai Ren Cuo Guo” is a collaboration between Mayday and the band Gao Wu Ren, with Gao Wu Ren providing live vocals while Mayday allegedly lip-synced.
Mayday holds a prominent position in the Chinese music industry, comparable to Jay Chou and Jolin Tsai. They are a significant part of the youth memories of those born in the 90s. If the lip-syncing allegations are true, it could be perceived as “ruining childhood memories.” Some criticized, “Lip-syncing in a concert of a top-tier band is like eating pre-packaged food in a five-star hotel.”
Moreover, if Mayday is proven to have lip-synced in a commercial performance, they may violate relevant regulations.
Meng Bo, a lawyer from Beijing Jing Shi Law Firm and financial commentator, told Blue Whale reporters that according to Article 28 of the “Regulations on Commercial Performances,” performers are not allowed to deceive the audience with lip-syncing, and performance organizers must not arrange for performers to lip-sync. No entity or individual should provide conditions for lip-syncing. The performance organizer should appoint someone to supervise the performance to prevent lip-syncing.
According to Article 47 of the same regulation, those engaged in deceptive lip-syncing are liable for civil and administrative responsibilities. Audience members have the right to demand compensation for losses according to laws protecting consumer rights after leaving the venue. Performance organizers can also pursue compensation from responsible artistic performance groups and performers. The cultural authority at the county level may impose fines ranging from over 50,000 to 100,000 yuan.
As of now, Mayday has not officially responded to the allegations.
What are the standards for determining “lip-syncing”?
After discussing the legal implications of lip-syncing, determining what constitutes “lip-syncing” becomes crucial.
According to a Blue Whale reporter’s inquiry to the Shanghai Citizen Service Hotline, to file a lip-syncing complaint, specific information such as the names of individuals lip-syncing, dates, and song titles must be provided. The staff member mentioned that the lip-syncing complained about is the “no-microphone, mouth not moving” style of lip-syncing.
However, it is well-known that in public performances, especially among fans, the boundary for identifying “lip-syncing” goes beyond just “not moving the mouth.” For example, the commonly encountered “semi-open microphone” in singing and dancing performances, where the performer sings into a microphone that is only 20% open, with 80% of the sound pre-recorded, is also considered a form of lip-syncing by many music enthusiasts.
In the video assessing Mayday’s alleged lip-syncing, the YouTuber did not explicitly mention whether Mayday’s lip-syncing was of the “no-microphone, mouth not moving” style or the “pre-recorded sound” style. His assessment methods were also questioned by many Mayday fans. A music industry professional told Blue Whale reporters that the YouTuber compared studio recordings with live recordings, and this verification logic is generally acceptable.
Therefore, in the investigation by relevant authorities, it is crucial to clarify whether Mayday indeed lip-synced and to define what constitutes “lip-syncing.”
On December 1st, music blogger @Phonetics, expressed their intention to report Mayday for blatant lip-syncing to the China Consumers Association. The blogger stated that Mayday’s act of openly lip-syncing during a personal concert severely infringes on consumer rights and should be held accountable for compensation and legal responsibilities. They hope that relevant authorities can thoroughly investigate and provide justice to the public, especially consumers.
According to Jiu Pai News on December 3rd, the Beijing Cultural Market Comprehensive Law Enforcement Detachment stated that they would record the situation and make determinations based on the circumstances. If subsequent investigations are involved, they will be announced on official platforms.
First lip-syncing case exposed in 2010 in China
The first lip-syncing case in China was exposed in 2010. According to China News Network, on September 19, 2009, the Sichuan Cultural Market Inspection Detachment and Shuangliu County Sports Bureau, in accordance with their legal duties, supervised the personal concert “This Year I’m the Hottest” by Huang Shengyi and found that the performers listed on the program did not match the information registered with the cultural administrative department. Singers Fang Ziyuan and Yin Youcan were suspected of lip-syncing during solo or collaborative performances.
Shanghai concert box office exceeds 6 billion, Mayday is one of the most commercially valuable Chinese groups
As a Taiwanese pop-rock band during the peak period of Chinese pop music, Mayday has been in the industry for 26 years. Their representative works include KTV hits like “Suddenly I Miss You,” “Zhi Zu,” “Love Ing,” as well as OSTs like “Half of Life.” They are considered a top-tier group in contemporary Chinese pop music. When music platforms were competing for music copyrights, besides Jay Chou, Mayday, owned by Believe Music, was also a significant target.
This influence is more directly reflected in concert box office earnings.
According to First Financial Daily, Mayday’s company, Believe Music, organized two Mayday tours, “Leaving the Earth’s Surface” and “Returning to the Earth’s Surface,” in 2007 and 2008. These tours, with 23 performances, attracted over 300,000 viewers. This record has been continuously broken since then: 44 performances of “DNA Creation” and “Transforming DNA Infinite Amplification” in 2009; the “Noah’s Ark” concert in 2011 completed 67 performances in 18 months, attracting 2.2 million attendees. In 2012, they chose the Bird’s Nest, which can accommodate 100,000 people, as the venue, and all tickets sold out within 3 minutes after pre-sale began,
setting a record for the ticket-selling speed of mainland concerts.
In 2023, the mainland concert market is particularly lively, and Mayday once again became busy with concerts. According to Interface News, as of now, they have performed a total of 39 shows in cities such as Beijing, Hangzhou, Wuhan, and Shanghai. The schedule is dense, often performing in one city for four consecutive days. In Shanghai alone, Mayday has earned over 6 billion yuan, with 8 shows from November 12 to 21, with the highest ticket price at 1855 yuan and the lowest at 355 yuan, based on the 72,000 seats at the Shanghai Stadium.
The popularity of the concerts is also reflected in the sales of support items. According to Jiemu News, the sales of fluorescent sticks for Mayday’s Beijing concert reached 50,000, with a total value exceeding 7 million yuan.
According to E-commerce Online, Mayday’s electronic fluorescent stick is manufactured by Chuangyuan (Xiamen) Plastic Industry Co., Ltd., priced at 140 yuan. According to industry insiders, the production cost of control fluorescent sticks may be around 20-50 yuan. If it is a disposable product, the cost could be even lower.
As a top Chinese music group, Mayday’s influence is undeniable. However, precisely because of this, Mayday needs to respond to the current lip-syncing controversy. This is not only a responsibility to consumers but also a statement to the vast number of fans representing their youth.