Research On Copyright Infringement Of Musical Works

Music is an ancient art,and musical works existed before the creation of the copyright system.With the progress of social productivity and people's pursuit of music art,music has become an indispensable part of daily life,especially in public places and entertainment venues,music is almost everywhere.While music has become an important element of people's social life,the value of music works has also been continuously improved and has received great attention.The development of the Chinese music industry is closely connected with the legalization of music.In 2010,the Chinese music market bottomed out,and the government began to issue a series of policies requiring online platforms to delist pirated online music,while vigorously cracking down on pirated physical CDs.In recent years,China's music industry has benefited from a series of legalization measures and has begun to develop rapidly.It should be pointed out that although the current piracy problem has been alleviated compared to before,copyright infringements such as plagiarism of musical works still occur frequently,and the copyright infringement problem of such works is even more serious than imagined.Copyright infringement cases such as plagiarism of musical works have strong professional characteristics,and judges often lack professional knowledge of music.It is difficult to form a unified standard when trying such cases.In addition,a series of problems such as low compensation and high litigation costs,to a certain extent This has lowered the rights holders' willingness to protect their rights.Music copyright infringement cases not only involve musicological analysis such as music form analysis and music history analysis,but also involve legal issues such as litigation subjects,appraisers and institutions,litigation evidence,infringement determination and damage compensation.Therefore,the characteristics of music works need to be based on In-depth discussion on copyright law.The author combines various professional education backgrounds of law and musicology to conduct research on copyright infringement of musical works in various aspects,hoping to grasp such issues more accurately in practice and help promote the research on copyright protection of musical works.This article is divided into three parts: introduction,body and conclusion.The body is divided into the following four chapters:The first chapter is to conduct a general study on musical works from the perspectives of musicology and law.This chapter analyzes the concept of musical works,the nature and function of musical works,the constituent elements of musical works from the perspective of musicology,and focuses on the analysis of the essential elements of musical works.Based on the above,explore the originality and reproducibility of musical works from the perspective of copyright law.This chapter aims to more accurately grasp the natural characteristics and legal attributes of musical works from various angles.The second chapter discusses the copyright infringements of specific musical works,including typical copyright infringements such as plagiarism,piracy,and copyright infringement of musical works under the network environment.At the same time,combined with the specific copyright infringement of music works,the analysis of the determination standards of copyright infringement of musical works,including the overall perception method,abstract separation method,reader standards,etc.Chapter 3,empirical research on specific cases.Due to issues such as strong professionalism and high litigation costs,plagiarism has become a prominent copyright infringement of musical works in practice.This chapter combines empirical research on the plagiarism of musical works in combination with the method of extracting the constituent elements of the work.The "Usuli Boat Song" infringement case is an example,which aims to reveal the connotation of copyright infringement of musical works with points.Chapter IV,through the analysis of the problems and situations in the copyright infringement disputes of musical works and copyright infringements of musical works,it is recommended to determine a legally unified appraisal agency when hearing copyright infringement cases of musical works,and to clarify the music through legislation Legal standards for copyright infringement of works.In the conclusion,the article believes that music works contain many elements,which leads to the professionalism of copyright infringement of such works and increases the difficulty of hearing cases.At the same time,due to the relatively low market value of the current music industry,the concern of infringement of music works by various circles is still slightly insufficient.Therefore,the copyright protection of musical works should be strengthened,especially for the plagiarism of highly specialized musical works.It is necessary to clarify the legal infringement standards to avoid inconsistent and vague standards in order to encourage musicians to create musical works Enthusiasm promotes the development of the music industry.