The Research To Mtv's Legal Question

The MTV disputes began in 2003, which caused a large range of debates. The solution of the MTV disputes has great significance for our legal system and social stability. On the one hand, it can make up the loophole in our legal system and perfect our country's intellectual property law system as soon as possible. On the other hand, it concerns music television industry's prosperity and the vast number of consumers' interests of entertainment lives. To solve the MTV disputes, the premise is to determine the legal nature of the MTV. This thesis begins from the legal nature of the MTV, and analyzes different natures of the MTV have different kinds of rights, so as to the right subjects. Finally the thesis discusses the type of the MTV charging problems, and put forward a series of proposals which includes to classify different nature of the MTV, to unify the charging subjects, one-time charging and to adopt an average distribution of the fees, so on and so forth.The legal nature of the MTV depends on its original level, which can be respectively divided into MTV works and MTV products. When the nature of the MTV becomes clear, the subjects and the types of the right will be clear. According to the current copyright law of China, the producers of the MTV products do not enjoy the rights of show. So they do not have the rights to charge from the behaviors of show. The songwriter enjoys the performance rights because of his creation. Based on the performance rights, the songwriters can permit others to use his works and obtain fees. The producer of MTV works is the copyright owner, who enjoys the copyright including the rights of show. So the producer of MTV works can permit others to use his MTV and obtain fees.The key and main innovative part of this thesis is Part Five; it focuses on the charging of showing MTV which includes the necessity and feasibility study of charging. It discusses many aspects to prove the necessity of charging:the current laws and regulations, the legislative objectives of the copyright law, principles of fairness and interests balance. At the same time, the organization conditions and charging premise prove the feasibility of the charges. The charging subject:only the copyright owners which including songwriters and MTV works producers have the right to permit others to use his works and obtain fees. In order to improve the efficiency, the author advocates that the right holder may unified entrusted to an ocac(the organization for collective administration of association of China audio-visual products).It can be more appropriate. Principle:to take one-time charges fees for the principle, rather than word, picture separately charges. Only the copyright owner has the right, so it's either the producer of MTV works or songwriters. Both charges have no legal basis, and do not conform to the provisions of the copyright law. Charging standard:because of our low level of technology and starting late, the Charging standard can base on the number of business area or screens, both of which in the present have strong operability. At the same time, we also do not repel different areas in the light of the local actual condition and use with business interest or click through rate for the standard of charging methods. Distribution of interests:when MTV is video products, songwriter as the copyright owner may directly involve in allocation. When MTV constitute works, according to the provisions of laws the copyright enjoyed by the producer, only producer shall have the right to participate in the fees' distribution. The remunerations of the word writer, the composers and the performers can obtain their fees respectively according to their contracts that they signed with the producer. Concerning the distribution standards and considering the present situation of China, the collective administration organization's development is unsound, various kinds of auxiliary measures is still incomplete, only the average distribution method is more rational. Although it may not be the best, but at present it is the best choice in the practical settings. Therefore, for MTV copyright royalty, the mode of average distribution is relatively appropriate choice.