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Background Music Using The Toll System

Posted on:2008-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q H LiFull Text:PDF
GTID:2206360215996738Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The arising of the regulation of background music cost was an importantgovernmental act after new Copy Right Law issued in 2001. In fact, perhaps causedby the reason of regulation, legislation or traditional ideas, to the protection ofauthor's right, this act was later than developed country. Besides the further legislation,the transformation of people's traditional idea is necessary. And this transformationrequire people understand the copy right is a kind of civil right, and broadcastingbackground music is restricted by Copy Right Law. In fact, the cost of broadcastingbackground music required by law is unnecessary to argue, because broadcastingbackground music in a business place is a kind of commercial act undoubtedly. Andthis is the main part of the first chapter which discussed the general idea ofbackground music cost, and then illustrated the legal foundation and reasonability ofthis regulation.The second chapter included who would be required to pay the cost, and how tofix the standard of this cost. In this part, I was partial to discuss the cost standardwhich involved content of standard and the nature of standard specially. Firstly, Ipoint out the requisition of background music cost is a kind of civil right. Then Iillustrated the nature of cost standard.The third chapter is how to perform the right that requires the background musiccost. At the beginning of this chapter, I introduce the collective administrationorganizations in China generally. And the major part of this chapter is the relationshipbetween collective administration organizations and who required to pay the cost,which include the foundation of collective administration organizations' right torequire the cost, and how to settle the dispute.The last chapter introduces how to distribute the money among right holders.And this part refers two issues: how to distribute among authors, and how to benefitneighbor right holders. Generally, neighbor right holders are more likely neglected inmoney distribution than authors. So how to bring about recorder and performer'sprofit is an important part of background music legislation. When I finished this article I realized the further legislation of background musiccost might be a work which be involved in whole of the Copy Right Law in China.For example, collective administration organization's perfection is not only for thebackground music cost's requisition, it's an important part of copy right's legislationin China. And it must be a rocky journey either the change of regulation or idea.
Keywords/Search Tags:background music, cost of license, private right collective, administration organization
PDF Full Text Request
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