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The Similarity Identification Of Musical Works

Posted on:2018-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:P WuFull Text:PDF
GTID:2416330536975205Subject:Law
Abstract/Summary:PDF Full Text Request
In the Copyright Law,musical works and drama,folk art,dance and acrobatics art are classified as a third class works together,but in fact,because of its creation methods and the ways of perception,it's different from general literature,fine arts and so on.As people are concerning a more comfortable life quality,music has become one of the indispensable factors.Music,unlike text,is not just about music score,but its enjoyment of a hearing.In many cases,you just need close your eyes and listen quietly,music can take you to another new world,it linger in the ear,hovering in your mind,even can sympathize with you.Musical works is different from writing,and it has a unique charm,such as "House of Flying Daggers",as one of China top ten famous lute music,it describe incisively and vividly the situation that Xiang Yu was surrounded by force.Sometimes,the same music is different because of the difference of singer singing tune will also form a unique atmosphere,even with personal imprint and flavor of the times.My favorite album is Luo's first personal album,in this album,it sings," turn a blind eye,mouth shout a shout,ears covered a mask,and happy also,everybody knows,everybody cares,stand by,you are also mine" This somewhat laziness and cynicism with sharp lyrics shape Luo his own unique style,and even make him become the leading music of that age.In appreciation of the outstanding works of music,but at the same time,there are many infringement cases about musical works.And these cases are mostly about the creation of music works,adaptation and plagiarism issues.Of course,in recent years,the network transmission is emphatically the object.SIPO launch a movement of "Sword Net Initiative" over and over again,focusing on the music and strengthening the music copyright law enforcement and supervision,in order to crack down on piracy behavior of dissemination of musical works without permission.But in the related cases,it is very difficult to judge the infringement.Therefore in this article,I mainly focus on how to determine its composition similarity of infringement,or how to use "contact + substantially similar" principle to judge infringement by doing many research and cases.
Keywords/Search Tags:musical works, contact, substantially similar, infringement determination
PDF Full Text Request
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