Legal Adjustment Song Cover Behavior

With the prosperity and development of musical culture in China, more and more music performances appear in the eyes of the public, especially the form of cover performances has been more and more popular among the public. However, the general public lack and misunderstand the legal concepts for the form of cover performances, and the copyright holder’s righting behavior. By combining the cover of infringement dispute case, the thesis analyze the legal characteristic of the form of cover performances、the infringement standard、how to define the amount of compensation, and try to explain the legal significance of the cover performances, define the rights awareness.The thesis is divided into three parts. Part Ⅰ:Define the form of cover performance, define the commercial be the core of the form of cover performance. Distinguish the types of cover performance, clear the relational concept. Part Ⅱ:Introduce the legality cover performance conditions:the statutory license and the MCSC authorized. The first part introduce the concept of statutory licensing system, analyze the legitimacy of the statutory license, then reflect on the system of statutory licensing. Secondly, Introduce the legitimacy of the form of cover performances under the authority of the MCSC.and the concept of copyright collective management organization and MCSC, put own views forward the lack of management systems of MCSC. Part Ⅲ:Analyze the conditions of cover infringement on the basis of the introduction of the two legal cover performances. First, define the formation of cover performances infringement, then analyze that cover performances infringement should utilize the principle of presumption of fault. Finally, on the amount of compensation standards of cover performances infringement and recommend the consideration from the available profit to compensate the copyright holders’ lost.