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Music Fountain Works Property And Copyright Ownership

Posted on:2022-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:M D PanFull Text:PDF
GTID:2506306491495204Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
"Music fountain" is a new type of cultural industry in recent years,with a certain degree of innovation and openness.In view of this kind of new creative achievements,the pursuit of copyright protection has brought many problems to judicial practice.At present the copyright dispute case related to the music fountain has aroused the attention of scholars.In the case of "Shui Jing company v.Heng Ye company ",the two parties have disputes about whether the music fountain constitutes a work and the ownership of the copyright,this leads to a series of discussions about the works.As for the nature of a work,the copyright law has clear provisions on the elements of a work and requires that the work should have certain originality and expression.Musical fountains conform to the characteristics of this work and should be protected.Regarding the issue of copyright ownership,according to the characteristics of the entrustment contract,if the parties have clearly agreed that the organizer is the copyright owner of the video integrated water dance show according to the agreement;if there is no clear stipulation,It belongs to the Trustees and Shui Jing is the copyright owner of Music Fountain Editors.Article 3 of the Copyright Law of 2020 modifies the definition of works and expands the scope of classification.Musical fountains can be summarized into other intellectual achievements that meet the characteristics of the work,and better provide protection for new forms of works.This change from the closed mode to the open mode has its legitimacy and necessity.In the future judicial practice,it is necessary to clarify the constitutive requirements more strictly,At the same time,corresponding supporting laws,regulations and normative documents are introduced for the application of the new provisions.
Keywords/Search Tags:Musical fountain, Copyright, Other works, Open type of works
PDF Full Text Request
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