The Copyright Protection Of Background Music In Public Places

The play of background music in public places as a typical mechanical performance,its copyright is often neglected in daily life.The reason mainly lies in the lack of legislation and the judicial judgment standard is unclear and the charging system is not perfect,people usually lack of abstract mechanical performance rights awareness,and inadvertently violated the legitimate rights and interests of others.Therefore,to effectively protect the formation of public background music copyright,we first need to clarify the mechanical performance rights in the legislative authority,clear judicial judgment standard,in order to improve the charge system of background music in charge subject,operation mechanism,benefit distribution and so on,so that the public in public places the background music copyright due to cognitive the height of the.Legislative aspect,the representation of the right of mechanical performance in the copyright law of China is "the performance of broadcasting works in various ways".This definition is not only too generalized,but also may cause the right to perform and other copyright,such as the right to show,broadcast rights,the right to spread information network overlap.Whether it is Anglo American law system or other countries in the continental law system,the overview of the right of mechanical performance is more specific.Therefore,our country needs to list the concept of mechanical performance right separately in the legislation.Judicial aspect,at present,domestic judicial practice is difficult to protect the copyright of background music in public places.There are many difficulties in the technical level,such as difficult to collect evidence of infringement,difficult to determine the amount of compensation,etc..Collect evidence of infringement,to determine a reasonable amount of compensation,the defendant is beneficial to the use of the specific circumstances of infringing works,the defendant actively fulfill the judgment,thus for infringement of the legitimate rights and interests of the formation of effective protection.Therefore,we need to learn from typical cases to improve the situation of practical work.Charging system aspect,the international protection of copyright of background music usually adopt the mode of collective management,monopoly management in China compared with the free competition model has some shortcomings,this article through to HK,Japan and the United States mature pricing mechanism for reference,to explore the charge system in our country perfect in the membership system,fee collection and management and the organization of supervision and other aspects of the needs,So that the copyright of the background music is more mature in practice.Public awareness aspect,starting from scratch is very difficult to start,dual role in cultivating the public cognitive habits requires legal and litigation.Inviting well-known musicians in the shooting publicity or micro film,then use micro-blog,We Chat public number,circle of friends and other new media forward to expand the propaganda effect.Law enforcement is that "individualized" warning light,heavy litigation rights.At the same time,to carry out routine inspections and spot checks combined to strengthen the supervision of violations.