The Research On Copyright Protection Of Background's Music In Profitable Public Place

The copyright protection of background's music in profitable public place is a new problem in China. The system of copyright protection of background's music established two hundred years ago abroad, it depends on establishment of collective management organization of copyright by way of authorizing it manage and safeguard the copyright .After practical investigation, we find that the charge system of background's music is too unfamiliar to accept for most people in China. Music Copyright Society of China as the first collective management organization of copyright has been existed for more than ten years, and it is engaged in activities of protection and propaganda about copyright of background's music. It achieved a lot and at the same time there were some problems. After the investigation of situation of copyright protection of background's music and the detailed legal analysis of the copyright of background's music in profitable public place from different aspects such as subject, object, content of right, way of infringement and legal responsibility, we find that the protection of copyright of background's music in profitable public place is very important. And after the analysis of the rationality and legitimacy of charge system of background's music, the key is analyzing the situation of operation about collective management organization of copyright in China and solve the problems for Music Copyright Society of China. On the one hand, the law is not full enough to protect the neighboring right owner's right though Copyright Law of the People's Republic of China modified in 2001 formulates the performing right of copyright owner, it should perfect the protection of copyright owner and neighboring right owner from the aspects of issue of system of collective management and the issue of laws and regulation; on the other hand, it is necessary to establish a trading platform for using music as supplement at the same time of operation of collective management. And the most important way is make the concept and consciousness of protection deep in their mind through intensive propaganda.