On The Definition Of Joint Works Relating To The Music Of "Lyric Written Before Composition"

When it comes to the definition of joint works relating to the music of “lyric writtenbefore composition”, there are controversial opinions in the IP circles. According to themainstream view, the music of “lyric written before composition” should be regarded ascomposite works rather than joint works, with the reason that it has no "meeting of the minds"between the lyric writer and composer. However, as the subject matter of copyright,composite works is not regulated in Chinese Copyright Law, in most occasions, it is a conceptin German Copyright Law. There is no denying that the music of “lyric written beforecomposition” is absolutely consistent with the definition of composite works, however, it’salso no doubt that German law can’t be applied directly in China for the territoriality of IP. InChina, in order to protect the music of “lyric written before composition”, we should seek fora practicable method under the current law. Thus, a few scholars advanced that the music of“lyric written before composition” can be protected as joint works supported by the theorythat the "meeting of the minds" can be recognized retroactively. This paper holds the minorityopinion.To research on the definition of joint works relating to the music of “lyric written beforecomposition”, is to put forward a joint works protecting pattern for the music of “lyric writtenbefore composition” under the circumstance that our Copyright Law doesn’t regulatecomposite works, by the way of proving that the "meeting of the minds" of joint work can berecognized retroactively. Apart from the introduction and conclusion, this paper consists ofthe following five parts.In Part One, it firstly presents the three basic models of the music of “lyric written beforecomposition” with fictional cases, and then it introduces the relative opinions in the textbook,among which common points and divergence exist. After a brief review on the textbookopinions, it comes up with its own argument: the music of “lyric written before composition”with the "meeting of the minds" ratified subsequently can be defined as joint works.In Part Two, it discusses the constructive conditions to define joint works relating to themusic of “lyric written before composition”. After introducing the concept of joint works andits general constructive conditions, it specifically analyzes the definition of joint work relatingto the music of “lyric written before composition”, and it points out that the critical criteria iswhether such music has the "meeting of the minds". It holds that the "meeting of the minds" of joint works relating to the music of “lyric written before composition” can be ratifiedsubsequently.In Part Three, it explains why the "meeting of the minds" of joint work can be ratifiedsubsequently with the theories of civil law and copyright law. It points out the "meeting of theminds" of joint works can be ratified is determined by the fact that copyright is private rightand autonomy of will is also the principle in copyright law. Besides, it puts forward that theprotection mode of illegal deductive works can be the good reference for protecting the musicof “lyric written before composition”.In Part Four, it introduces the relative cases or rules about the definition of joint works inthe United States, Germany and France. By comparing them, it points out American law,especially its criteria of defining the "meeting of the minds", merits our reference in definingthe joint works relating to the music of “lyric written before composition”.In Part Five, it makes an extensional research on the music of “lyric written beforecomposition” beyond the situations introduced in the former fictional cases, and it points outthe "meeting of the minds" of joint works can be ratified subsequently by the way ofpresumption rather than silence, besides, under the network environment, the impliedratification rule should be applied cautiously.