On The Tort Liability Of Plagiarism Of Musical Works

In recent years,in China' s pop music i ndustry,plagiarism in m usic works has become commonplace,and music people have become increasingly aware of their rights.However,there are few plagia rism disputes that have b een resolved through legal channels.This is of great relevance to the fact that there is no explicit provision for such cases in the copyright law of our country,and the academic community also has very little research in th is field.The in terests of Chinese m usicians,especially original musicians,are not effectively protected.This article collates and analyzes the plagiarism cases of musical works at hom e and abroad in order to find out the problem s that the courts of various countries have in hearing such cases.At the sam e time,it studies foreign relevant theories and seeks to f ind criteria for plagiarism of musical wo rks suitable for China's national conditions,and provides opinions for the review of plagiarism cases of Chinese musical works.The main body of this article is divided into three parts.The first part introduces the plagiarism cases of four m usical works at hom e and abroad,and conducts research and analysis on them,and summarizes the characteristics of such cases and their respective criteria for judgment.The second part summ arizes the criteria commonly used by dom estic and foreign courts for plagiarizing m usic works,nam ely,the principle of originality and the principle of substantial sim ilarity,and studies the basic c oncepts,constituent elements and judgment criteria of the pr inciple of originality and th e principle of substantial similarity.The third part proposes that the m usic works should be substantially sim ilarly identified and correspondingly determ ined in term s of melody and chord.And by analyzing the advantages and disadvantages of the existing three substantive similarity identification subjects,the conclusion that the identification subject should be identified as an accreditation body is proposed.