The Music Plagiarism Infringement Study

In our daily life, music plagiarism occurs now and then, and such cases have provoked animated discussion among the media, however, it is not mentioned in Chinese law, nor studied as a systematical theory in China. Accordingly, there is not a unified criterion and process in dealing cases related to music plagiarism, and objections are occasionally raised by the litigants. After reading the documents of music plagiarism cases at home and abroad, comparing the different situations in China and other countries like U.S. and Japan, the author would like to make out a reasonable criterion and propose suggestions to the subjects and forms of infringement cognizance in dealing related cases in China.The thesis can be divided into four parts:First, it gives a list of the music plagiarism cases in China and a brief summary to the characteristics which are shown in the cases.Then, the second part introduces the indentifying criterion in other countries as U.S. and Japan, in a bid to make reasonable suggestions to the criterions of infringement cognizance in dealing music plagiarism cases in China. The author believes that the American doctrine of"access and substantial similarities"shall be adopted and defined in the Chinese law as soon as possible. Nevertheless, it is not a duplication of American model, but a unified criterion and systematical process adapt to the specific situations of China.Third, the study analyzes the subjects and forms of infringement cognizance in the music plagiarism cases, finds out problems available, like the vague position and role of the normal expert opinions, the multifarious presence of evaluation organizations and the confused standards of evaluation. The author boldly proposes the suggestion that the normal expert opinions shall be abolished and imputed into expert conclusion, which is a legal form of evidence. Moreover, a unified evaluation organization and unified standards are required to facilitate the litigants and improve the lawsuit efficiency. Last but not least, it sets out some important defenses, both valid and invalid, which are commonly put forward by the defendants in the lawsuit of music plagiarism, for the purpose that the copyright owners could have a deeper understanding of their rights and could take actions to protect their rights in a more reasonable way.