Protection Of The Copyright Of Music Composers In MTV

Since 2009,Ye Jiaxiu,a music composer,charged some bars,KTV and other similar places successionally in Guangzhou,Hunan,Chongqin,Anhui,Hubei and Jiangxi provinces,but different graded courts made various judgement to these cases which distinguished from others in articles of law,judging process and the final result aspects.In consideration of the different judging criteria existed among graded courts when they made decision for Ye Jiaxiu's charge and the ambiguous definition of MTV's legal atttributes,this thesis aims to discuss if music composers are entitled to sue the MTV for their torts or not.In many cases,the judge define the MTV as the work of art which were produced like movies or films;so they not only didn't investigate whether the producers were agreed to use the composers'music,but also ignored the importance of mucis in MTV.Judgement made in this way is the wrong application of the 15th article in Copyright Law.It reduced the scope of music's copyright and limited music composers to exercise their power when it comes to their deserved copyright.In the second chapter,the thesis discusses the legal status of music composer in MTV,more specifically,should music composers own the copyright of their original music pieces in MTV.Firstly,MTV is a sort of music genre because it,s the result of music development and the graphics usually serve the music in its performance;Secondly,MTV is the new art work which rewrites the original music,it's a kind of interpretation to the original music;Thirdly,during the process producing MTV,original music work must be used in it and MTV only creates the picture part.So composers' copyright should be protected in MTV.The last,MTV producers can't share the copyright of original music by only using it in MTV but not rewriting it.The copyright of MTV should only be vaild in the added original creation part.Above all,composers should have their copyright for the original music.The third chapter studies how to improve the copyright protection of music composer in the use of MTV.Firstly,the author's copyright over MTV is clarified by legislation.Standardizing the judgment standard of the songwriter in the copyright infringement of MTV,and requesting the way that the authorized letter of the songwriter should be attached to the transaction of the MTV to protect the main position of the songwriter in the lawsuit of the infringement of the MTV;Secondly,by analyzing the "right to second pay" in the revised draft of China's copyright Law,this paper studies the system of "the right to second pay" in foreign copyright law in order to try to construct the "secondary gain" of the music composer in the use of MTV in our country.Finally,we hope to strengthen the copyright management of music composer in the use of MTV through copyright cloud and block chain technology.