Comparative Study On The Infringement And Protecton Of MTV

Since 2003, charge for KTV operators commercially using original MTV has caused a lot of legal dissension nationwide in China. In the mean time, a great of lawsuits and the lasting legal disputes concerning the charge issue have emerged. Lawsuits against MTV infringement involve KTV operators, major recording companies, Music Copyright Society of China (MCSC), International Federation For Phonographic Industry (IFPI) and Many KTV consumers, thus the settlement of this issue not only has social and legal significance but also pose a great influence on China's recording industry and KTV consumers'amusement. Moreover, all these issues occur at a very moment of China enters WTO and plans to develop and perfect its International Property Rights (IPR) System. Therefore, these issues enable us to find out the loopholes in the legal system and institutional vacancies, which urge us to clarify the relevant legal issues and perfect the IPR Protection System.Resolving MTV infringement issues on the one hand relies on identification between works and goods by originality according to the copyright law and perfect legal system including civil law, administrative law and criminal law, on the other hand depends on the establishment of the system which protects copyright owner's own rights in the real society. Considering that China is lack of theoretical material and relevant cases, and Karaoke is originated from Japan, UK has the most advanced copyright awareness and copyright law, and other countries have well developed MTV copyright protection mechanism, method of comparative analysis is employed in this article to analyze MTV copyright infringement and protection.Basic legal issues concerning MTV are elaborated in the first chapter of this article .Starting from the creation and development of MTV, this article elaborates the MTV specifically defined in this article and finally reveals the major problem causing MTV copyright disputes is defining MTV as works or goods in accordance with law. To solve this problem, the establishment of originality standard is needed. As for originality, similar but not exact same definitions are found in continental law system and Anglo-American law system respectively. China should establish its own standard for originality by referring to and taking in the essence of continental and Anglo-American law systems. Meanwhile, this article analyzes the copyright ownership from both copyright and copyright owner's aspects.Since the basic legal issues have been clarified, the second chapter begins to analyze actual MTV copyright infringement cases. After summarizing copyright infringement, this article depicts MTV copyright infringement from four aspects, which are, act of tort, damage fact, causality, subjective fault by referring to the constitution of a crime mode in criminal law.A remedy comes after an infringement. The third chapter discusses remedies for MTV copyright infringement. Development is based on the clarified fact. This chapter at first discusses the present legal framework of MTV copyright protection by starting with civil law, administrative law, criminal law and international copyright protection. In view of the fact that copyright belongs to private right, when analyzes remedy system, this article mainly discusses the establishment of civil remedy before and after the termination of litigation.The protection & realization of MTV copyright owner's right depends not only on remedies for infringement but also perfect protection mechanism. In fourth chapter, the establishment of administration organization for MTV industry is discussed. Whereas China is lack of experience in this regard but foreign countries have many successful cases, this chapter focuses on comparative analysis, so as to prompt the construction of China's MTV copyright administration organization to maintain efficient development.After the analysis mentioned above, the fifth chapter put forward some recommendations for MTV copyright protection in China aimed at the existing issues mentioned in the previous chapters. These recommendations include how to legally specify MTV attribution, confirmation of MTV charge subject, establishment of MTV charge standards and perfection of collective administration organization for music copyright.