Research On Musical Works And Related Rights

As early as in oral instruction period, the creators leaved conscious signs on their musical works which is seen as the embryonic form in exercising personality rights. The protection of music copyright and related rights is closely related to the innovation in music transmission. With the emergence of printing technology, mechanical reproduction technology, radio broadcasting technology and digital technology, the spread of musical works through the process of scores transmission, record transmission, radio transmission and digital network transmission. In the process of musical works separated from their creators and musical works continuously commercialized, the law played an important role in respecting creation and encouraging innovation through giving creators some rights of personality and property. The copyright holders of musical works can enjoy given copyright, as well as the performers, producers of phonograms and broadcasting organizations have neiboring rights, and In-situ people can enjoy the Sui Generic rights of folk musical works. These rights have confirmed by legislation and documents of many countries and international organizations.Musical works is the starting point of all rights; this paper used musical works as the right-system construction tool.In Part1, the first chapter to the second chapter, through the transformation from musical visual angle to legal visual angle, this paper analysed the influence of music transmission to the rights and the rights plays the important role of music transmission. After the rights have confirmed, the third chapter detailed the content, restriction and operation mechanism of rights. Chapter4based on real music rights disputes in China, analyzing the disputed issues of infringement disputes and evaluating the current system of society and the concept of people through field work in protecting legal rights in order to find the ultimate concern to music creators and disseminators in the running mechanism of rights. In Part2, Chapter5defined the folk musical works and the metaphors in the modern context. Chapter6analyzed the key problems in the current reality disputes of folk musical works.In Chapter7, this paper put forward the construction of Sui Generic rights of folk musical works.