On The Protection Of Music Copyrights

Musical works are mainly used in the way of performance, broadcasting and network transmission, so the rights of performance, broadcasting and network communication are the main rights of the copyright owner. The law on the protection of property rights in music works in China is imperfect, including the following two aspects: one is that the copyright limitation system about music works is imperfect; the other is that collective administration of copyright is imperfect, and the laws and regulations are also not perfect. the copyright of music works is easily infringed in China, therefore, we should strengthen the protection of musical works .This text mainly includes three parts, in which it has made a more detailed analysis of the content of musical works' property rights, infringement cases of musical works' property rights and the corresponding countermeasures .In the first part, three important property rights of musical works have been fully discussed which involves the rights of performance, broadcasting and network communication.In the second part, the infringement cases of musical works ' copyright are detailed analysed, as the following four kinds :Firstly, the problem of the free performance. Due to the ambiguous regulations of the free performance in the copyright law of China, there are no limitations to free performance, and no limitations to the ways of payment and charging the audience. So the infringers conduct profitable activity in the name of free performance, and do a lot of advertising using the music works, which lead to the lost of interest of the obligee.Secondly, the issue about free use of the radio and TV stations. Because there isn't a provision on the protection of authors' right in Chinese Copyright Law , it's common that music works are broadcasted in the radio or TV without paid. It's difficult to protect the rights and interests of the music author effectively.Thirdly, commercial playback problems. The phenomenon abounds everywhere that music works is played in public places for business without paid. The main reason lies in the imperfect collective management system of Chinese copyright, and the strong executive influence on collective administration organizations. What's more, the procedure of setting charging standard is not perfect. Therefore, it's prominently difficult for collective management organization to charge.Fourthly, dissemination problem of network. The piracy phenomenon of network is rampant, and there are lots of illegal websites which provide piracy music for network users to audition and download for free. The website earns through the click rate and gain advertising revenue. The primary reason is that the laws and regulations on the protection of dissemination of music works are not meticulous, the judicial protection is not sound and the anti-piracy technical support of network is insufficient.In the third part ,countermeasures against the above infringement cases are raised:Firstly, perfect the right limit on copyright .First of all, perfect the system on reasonable using of the music work. (1) It is explicitly stipulated that the performance behavior should not have any profit purpose; (2) The performer should be limited as performer or performer's organization clearly ;( 3) Increases limitations on the way of charge, namely, it is not allowed to charge any fee from the listener and audience through direct or indirect way. Next, perfect the legal permission regulation about music works. Increase the obligation of broadcasting and television stations appropriately in order to balance the benefits between the music copyright owner and themselves. (1) To increase the notification obligation of broadcasting and television stations. The stations must inform the author of music works or the collective management organizations which the author joined before using their music works. Stations shall infringe the author's copyright if they use the works without permission. The copyright owners possess a right to ask for compensation. (2) To make clear of the payment ways of using music works. The law can set a reasonable deadline for payment whether the stations pay the authors or the copyright organizations, and also make the different ways explicit, detailed and operable. (3) To increase the obligation about keeping the record of music works. The stations should make detailed records after using the works and retain a certain period.Secondly, improve the system of copyright collective management. Improve the system of copyright collective management in order to prevent those collective management organizations of copyright from forming monopoly and protect the copy holders'property rights: (1) to perfect the conditions on which a copyright collective management organization can be established by eliminating the rule, that is"a new copyright management organization's function is not allowed to be the same with those that have already exist; (2) to illustrate the obligations explicitly that copyright collective management organizations should execute. The rights and obligations of management organizations and copy owners should be clearly illustrated in laws , and especially, the obligations that organizations should do for the copy owners, so that organizations can regulate the running in a standard way; (3) to set a more standard charge system. Efforts should be made in improving the charge procedure and take an all around consideration, which can be realized with the following measures: First, improve current regulations concerning fees collection and clearly illustrate detailed rules which should be obeyed in setting and modifying the regulations of charge system, with the aim of representing all sides'interests while being workable. Second, the reviewing right should be added while remaining the right of setting standards for copyright collective management organizations. If there rises any dispute over the standards, a procedure for settling down the disagreement should be executed. If the dispute is severe to a certain extent, a management organization has the right to review and set rules by itself. Third, abolish copyright collective management organizations'rule-setting right. Copyright management departments set reference standards and then organize related subjects to negotiate over the reference standards; (4) strengthen the state's supervision. The national supervision institutions, being neutral, should carry out supervision according to laws and fully play functions.Thirdly, perfect the system of the Network management, strengthen the efforts of the legislative and judicial protection, improve the capability of technical research and development, and restrain the phenomenon of rampant Internet piracy efficiently. (1) to make the Internet service providers install the network filtering technology in the form of judicial interpretation to identify the legitimacy of the works'rights; (2)to make sure the applicable order of article 23 of Regulations on the Protection of the Right to Network Dissemination of Information in judicial practice; (3) The law should give strong support for the adoption of relevant technologies and provide protection for the establishment of systems of electronic rights; (4)National Copyright Administration (NCA) should perform their administrative supervisory functions fully, and intensify the efforts to crack down on Internet music piracy.Music works is the important part of the system of copyright productions. To what extent they are protected reflects the level of law system of copyright in China. And the international communication of music has deepened along with the quick development of internet, thus the cry for joining world law system is higher and higher. It is an inevitable trend to establish a complete law system of copyright and Copyright Collectivity Management for music protection. As long as it develops towards a right direction, the Copyright law can fully protect the lawful rights of musicians, flourish social culture, and protect public rights as well.