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Musical Works Under Copyright Licensing System In The Network Environment In China

Posted on:2014-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:X P SongFull Text:PDF
GTID:2256330401474980Subject:Civil and Commercial Law
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Music copyright licensing issues in the network environment is a global problem. Musical workscopyright is more complex part of the copyright system, whether it is from the subject, object, or the righttype than the other types of copyright more complex. Network technology and digital technology continuesto progress, making music works have undergone a significant change from the external form of the modeof transmission, the exponential growth in the number of musical works under the network environment,the demand of the public of musical works also on the rise. In the case of this increased demand, ourcountry is the use of music copyright licensing model appeared to be inadequate to solve the problem ofmassive works, mass Authorization needs to be improved. Musical works copyright licensing model in thenetwork environment, the problem is not just the problems faced by developing countries and developedcountries alike, in order to solve this problem on a lasting efforts to change the status quo of the musiccopyright license to adapt to the development of the music industry. China’s "Copyright Law" legislativetime is short compared with other countries, the development of musical works copyright licensing systemis not mature. Copyright licensing of musical works in our existing solutions network environmentcopyright collective management and statutory licensing model. However, the development of these twolicensing system is not accompanied by gradually improve and are based on the transplantation of othernational legislation and related systems on the basis of the development of the music industry, which led toour music copyright license management, license, charges, etc., there is a big problem.In March2012, the National Copyright Administration released a draft amendment to the draft of theCopyright Law of the People’s Republic of China, the draft has been published sparked intense discussionof some of its provisions. One of the most eye-catching modify two things: First, the copyright collectivemanagement system introduced in the Nordic extending copyright collective management "system; Anotherpoint is to modify the draft46" lawfully recorded Phonograms works, three months after the statutorylicense to use the provisions of these two changes are the copyright licensing of musical works issignificant in relation to the copyright licensing of musical works under the network environment perfectsignificance.In the plight of copyright licensing of musical works from the global network environment, analyzes the copyright licensing of musical works in legislation and practice on the problems in our current networkenvironment, and through the comparative study of the common law and civil law China and Japan relatedsystem, and finally put forward a comprehensive proposal further our existing network environmentcopyright licensing of musical works.This paper is divided into four parts:The first part is the analysis of the plight of music copyright license worldwide network environment.The complexity of the musical work itself, there is a problem of copyright licensing of musical works.Network environment, musical copyright licensing is facing new challenges. This section from thefollowing two aspects: one is the copyright of musical works to the complexity of the music works thecopyright licensing problems, including the main complex, and the object of the decentralized; On the otherhand, network technology and digital technology development, changing the external form and mode oftransmission of the tradition of musical works, has brought new challenges to copyright permission of themusical works. This part is to start from a global macro view, analyze network environment under thecopyright of musical works, what kind of predicament, trace the root causes of the plight of networkenvironment under the copyright of musical works, in order to find the correct solution to the problem.The second part is to understand the the musical works writings plight in the network environmentbased on the problems in practice and legislation, pointed out that copyright licensing of musical works inour network environment. In fact, the key to solve the network environment copyright licensing issues ishow to change the existing licensing system to deal with "massive works, massive license" low efficiency,high cost. According to the Copyright Law of the draft amendment can be seen, the legal permission of thecopyright collective management of musical works and phonograms effective way to solve a large numberof authorized two. China’s system of collective management of copyright history relatively short time,many systems are built on the transplant his country’s advanced system on the basis of inevitable there aremany problems in the legislation and in practice run. In practice, musical copyright collective managementorganization there is a monopoly, a single licensing model, the lack of using the standard fee disputeresolution mechanism, supervision the hysteresis and management of digital level and low multifaceted.Similarly, the statutory license of Phonograms in practice there is a use patterns is not clear, the use offuzzy conditions and payment system is imperfect aspects of the problem. From a legislative point of view, the legal permission of the copyright collective management organization and Phonograms the copyright tomodify the focus of Perfection should be the law as a support.The third part is a comparative study of copyright collective management organizations and statutorylicense. Abroad, especially in the music industry developed in developed countries, such as Russia, France,the United States and Japan, the development of the copyright system is relatively sound. Musical workscopyright licensing system research and analysis on the foreign network environment, the improvement ofChina’s legislative and related systems have major implications. American common law is a typicalrepresentative of the copyright system is relatively mature, the civil law and the history of the developmentof China’s copyright, for countries with a similar, this section will focus on these two countries, thecopyright collective management organization for musical works from setting mode, the internal structure,membership system, a detailed analysis of several aspects of the relationship with the user. Phonogramsstatutory licensing system, combined with the Berne Convention on the provisions of the statutory license,analysis of Phonograms statutory licensing system in the United States and Japan. Combined with thedevelopment of the actual situation of China’s music industry, from absorbing the advanced experience.The last part is perfect for the copyright licensing of musical works in our network environment. In thedraft revision of the relevant provisions the combined2012introduction of the "Copyright Law", thecomprehensive United States, Japan related systems based on the study, propose appropriate solutions forcopyright licensing of musical works in the presence of the above, drawn from the analysis of networkenvironment to any useful suggestions on copyright licensing of musical works perfect.
Keywords/Search Tags:music copyright permission, copyright collective management organization, legal license
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