Updating The Legislation Of The Rights Of Producers Of Phonograms

As a medium for the dissemination of music and a link of authors and the public, the contribution of producers of phonograms is no doubt. It's gained much attention of the international community to protect rights of producers of phonograms, which has become one of the focal points of Intellectual Property protection in all countries. At present under the influence of the impact of new technologies and the imperfect legal system, the music industries of our country, which are very depressed and faced with unprecedented difficulties, urgently need to increase abilities against risks and to operate benignly. When broadcasting organizations and other users are benefit from the use of sound recordings, we should not lose sight of the investment and creative work of producers of phonograms. On the basis of full consideration of the role of phonograms for music spread, as well as the distribution of economic benefits among people of related rights, references the successful experiences from abroad, and when amend the Copyright Law next time, it's very necessary to give producers of phonograms a new proper right. In the text, tries to discuss the perfect of the protection to rights of producers of phonograms from the perspective of secondary uses of phonograms (use commercial phonograms for broadcasting or for any communication to the public), and makes recommendations to amend Copyright Law for future legislation.The full text is divided into four parts altogether on the structure:First part is a summary of rights of producers of phonograms. At the beginning, introduces the produce and development course of the rights of producers of phonograms, and compares the situations of different legal system countries about the protection of the rights of producers of phonograms and the content of the international treaties, then analyzes the important meaning to protect the rights of producers of phonograms.Second part is the constitution of rights of producers of phonograms. Mainly analyzes the subject, object and content of rights of producers of phonograms, and using ways of comparative analysis, distinguishes related concepts to solve people's misunderstanding. Meanwhile, it's also a preliminary study of the protective situation in our country towards rights of producers of phonograms.Third part is a discussion of secondary uses of phonograms, it's also the focus part of the text. Starting from the concept of secondary uses of phonograms, defines its'meaning, and introduces the international system profile to the rights of secondary uses of producers of phonograms, especially the state of affairs in the U.S.A. Then, analyzes the current situation of music industry and secondary uses of phonograms in China with data. In the end, on the basis of analysis above, from the theoretical and practical point of view demonstrates that rights of producers of phonograms need to update.Fourth part is suggestions for future legislation of Copyright Law. Combination of the foregoing discussion, proposes giving producers of phonograms the right to remuneration for secondary uses of phonograms, and analyzes four problems which must be recognized and resolved. They are also the key points to realize the right.