On The System Of Collective Protection For The Musical Copyright

In today's era dominated by knowledge-based economy, the community is concerned about the problem of intellectual property protection. Recently, the "MTV protecting their rights" and the karaoke fees litigation created a hubbub and triggered a huge reaction in China. Both theoretical and practical circles have different opinions on the charge body, the determination of the infringement of the copyright and collective management system. China's intellectual rights protection started very late and especially lacks experiences in the protection of the music copyright. How to build a balanced, mutually beneficial, orderly system and collective management system is a problem urgently needed to be solved today. this paper intents to give some suggestions to integrity the system of the protection of copyright and collective management on the basis of the discussion of the above issues.This paper consists of four parts:The first chapter starts with the introduction of the characteristics of the musical works, beginning with the case of Xinli Records VS Suzhou Copyrights Law. MTV is a new form of musical arts in the modern media. It also contains the creative work and it should be analyzed according to different situations. The copyright of music work is a kind of civil right. The inventor has the right to get payment as long as others use his or her works. To set up proper charging system can not only protect the rights of the inventor but also can accelerate the development of the music industry. However, the basis for the system of music copyright use charging is to integrity the collective management organization. And also the system of charging body, charging criterion, the allocation of interests should also be integrated.The second chapter starts with the introduction of the characteristics of the musical works. The theoretical circle has different opinions on the determination of infringement of musical copyrights. This paper analyzes the infringement according to the practical cases. The determination of the infringement should abide by the fault principal as the general principal. But in practice, it is very difficult for the obligee to proof the subjective fault of the infringer while it is very for the infringer to proof that he has performed the attention obligation. The exclusive right to practice the right degree of harm by others, intentionally or not at fault. Therefore, in exceptional circumstances should use no-fault principle that is compatible with the international practices, enable copyright holders enable copyright holders to protect their interests, but also a balance to the interests. The author holds that the determination of infringement should abide by the following principles: Full compensation principle, the principle of statutory standards, the principles of the compensation appropriate restrictions, among which the main problem is the computation. The burden of proof for the amount of damage should be shouldered by the plaintiff, while the range of compensation will be determined by the judge according to the practical situation. For the spirit of the damage will be strictly limited the scope of its application. so not only in the interests of the victim and other forms of protection applies only damages the spirit. Finally the author proposes in the future legislation should clearly stipulate the spirit damages and the application of principle of liability without fault.The third chapter discusses the significance of setting up the system of copyright collective management. Because with the growing diversity of the field and use the form works, copyright or adjacent to the exercise of individual rights in many instances, it becomes very difficult. A more detailed analysis of the concept of copyright collective management organization, the nature, role, functions, that the main function of copyright collective management organization to exercise the copyright on behalf of the copyright holder, in the name of the copyright owner to claim the rights, as the parties to participate in arbitration or litigation related activities. Copyright collective management organizations with quasi-government in nature and are non-profit organizations. Then this paper introduces the sole legitimate copyright collective—Music Copyright Society of China. Music obliges and the Music Copyright Society of relations toward a defined, I believe the two is not a "relationship of trust". Because of a contractual relationship between the two is a debt, and the trust is a special trust between the parties. property and claims with the dual nature; is not a "commission" for a survey on behalf of the trustee to the extent authorized by the client to carry out their activities, and the copyright collective management organization to carry out activities in their own name, the final definition of relations between the two transfers.The last chapter analyzes the current situation of the protection of music copyright in China. The late start in the Western collective management of copyright, but also the relatively slow pace of development, the following defects: Inadequate legislation, insufficient law enforcement. China is basically non-existent copyright collective management before the implementation of the Copyright Collective Management Regulations. Secondly, the obligees do not have a strong sense of copyright, copyright holders do not know their rights to be enjoyed, but also know how to protect their own rights. Thirdly, the public legal awareness is very weak. Then put forward proposals to improve China's Copyright: firstly, Strengthen legislation and improve the legal system, put the Collective Management of Copyrights to the legislative level. Secondly, intensify supervision and management; pay attention to the coordination with other departments; finally, to enhance international exchanges and cooperation, learn from the management experience of advanced countries.The conclusion part points out that the protection of the musical works is a course getting to perfect. The collective management system in our country is still in a initial stage, but we are sure that with the development of China society, we will establish the system of musical copyright collective protection , thus giving better protection for the related bodies.