Research On The Copyright Of Music Arrangement

Musical arrangement is an important part of music field,especially in modern pop music industry.It appears very frequently in life.In ordinary pop songs,it has also started in the author of CI.The author of the music then signs the name of the composer,which can be seen as its important position in music.The discussion of music related issues in the field of copyright is still less in domestic academic circles,and there is also a lack of sufficient precedents in the field of practice on music.Few legal people explore the possibility of protection of their copyright in the field of law.Because music and law are interdisciplinary and far from each other,it is difficult to distinguish the concept of musical arrangement,and the rights and interests of music practitioners are difficult to be guaranteed in practice.The cases of infringement of the rights and interests of the composer have occurred in the past few years.However,because the definition of the rights and interests of the writers is not clear,it is difficult to protect the rights in the music field with relatively weak copyright awareness.Most of them choose to abandon their legal rights and interests.In recent years,there have been some cases of controversy about "composing",and from the perspective of practice,it also puts forward the need for further discussion in law.This paper is based on the basic idea of "finding problems-Theoretical Research-Experience Reference-Suggestions".The core argument of this paper is that the original music arrangement works should be protected by copyright.First of all,in the first two chapters,the author discusses the concept of musical arrangement,and gives the legal quality of the musical arrangement according to two classic cases in China“ The word "composing" is a noun concept in the discussion of the author,which is a kind of arrangement or adaptation of music,which is close to the accompaniment of a song in popular music in general,rather than a verb.Firstly,the author can classify the musical arrangement into music works or adapted works according to the meaning of the word "musical arrangement" in the practice of music in China.Some of the musical arrangement has the formal elements of becoming music works,while the other part is the adaptation of music works,and also can be the formal elements of the adaptation works.Although the term "musical arrangement" is not clearly expressed in Chinese law,we can conclude that two types of "musical arrangement" can be directly protected by copyright in China,and other legislative suggestions such as adding adjacency right and performer right also have many defects and unreasonable points.Therefore,we can get the legislative level recommendations for the compilation of music.Only by the original nature of the musical arrangement,it can become the object of the copyright law in China.In the third chapter,the author tries to draw lessons from some foreign legislation and Berne Convention,and seek the legislative experience that can directly correspond to the word "composing".After analysis,the author holds a negative attitude,and it is not suitable to directly look for the words in foreign legislation or conventions that correspond to "musical arrangement"--because the meaning of "composition" in Chinese music circle is very broad,which includes both "arrangements of music" and "adaptation",which is difficult to match,The author thinks that there is no need to seek legislation outside the country,and to add "the right to compose music" specifically,and to understand the music works or adapted works.Therefore,in the last chapter,the author has put emphasis on the writing and calligraphy,and discusses how to identify the originality of two types of composition,and tries to give detailed suggestions on the criteria of originality identification.The author,referring to the judicial cases of American courts,classifies music elements,discusses the original space of the four elements,namely melody factor,harmony factor,rhythm factor and arrangement of timbre.For how to have originality,we can not exhaustive list,so I use an example to illustrate when it is impossible to have originality,but in addition,there is the possibility of originality.Among these elements,one of them is original and can be considered protected by copyright.Each element can be treated separately and independently without all originality.In conclusion,the discussion on the composition should abandon the legislative debate,not need new legislative suggestions,but should focus on the field of judicial practice,learn from the advanced experience of American judicial case,and distinguish the originality of all elements of the composition clearly,so that all kinds of disputes on this issue can be solved in practice.