The Identification Of Infringement In Plagiarism Of Musical Works

Literary writing is borrowing,and is it the same for music? Nowadays,music plagiarism events are often very attractive to the public,causing an uproar in public opinion immediately.However,how to determine plagiarism of music works,whether plagiarism in music works must be an infringement,how to determine plagiarism in the music field remain tough problems in China.Nowadays,there is an obvious lack of stipulation in the law system in our country,nor any clear and specific provisions in judicial practice,which leads to the ambiguity and impermanence for the judicial courts when determining the standards of musical plagiarism cases.This phenomenon indicates that it is of great urgency to formulate concrete and accurate criteria for identifying musical plagiarism both in theory and practice.Through the study of copyrights and related legal documents,through the relevant media reports of music plagiarism cases in China and foreign countries,the opinions of musicians and music experts as well as the judgments on related cases,the author compares the cases of music plagiarism between China and foreign countries and concludes The Characteristics and Deficiency of Legal System in Chinese Music.At the same time,the author refers to the United States copyright law and its related legal documents,combined with the relevant theories and practices on the recognition of music plagiarism in the judicial practice in the United States,hoping to find a reasonable standard of infringement for our country's music plagiarism legislation and make our country in judicial practice,that is,the court in the trial of music plagiarism cases,to form a more reasonable mode of recognition of music plagiarism.Firstly,I focus on the object of my research,namely,the similarities and differences between the ordinary works and the musical works stipulated in the Copyright Law.Music work is a subordinate concept of ordinary works stipulated in the copyright law.Musical works not only have the overall attributes of the ordinary works stipulated in the copyright law,but also have special ones.For example,musical works are often composed of two parts: lyrics and arrangers.Thus,lyrics can be not only protected as ordinary works but also should be subject to restrictions on the statutory permission of the sound recordings.Then,I discussed the issue of plagiarism and infringement of musical works.I make a review by splitting up the music works into two parts: lyrics and arrangers,with the combination of musical plagiarism cases.Ianalyze the plagiarism of lyrics,combing the case study of Guangzhou New Moon Demonstration Company and Guangdong Xingwen Cultural Communication Company in the second trial,and the plagiarism of music scores with the reference of the case of Wang Yong v.Zhu Zhengben's infringement dispute case.Through my analysis and thinking,I finally come to the conclusion how Chinese judicial courts determine the infringement of lyrics and music scores in practice.However,not all the plagiarism of music works will inevitably lead to infringement of copyright.I form a deeper understanding of the infringement of musical works by analyzing the following four types of infringement defense patterns:independent creation,rational use,similarities from other works and works in the public domain.Finally,through a series of analysis and research in the full text,I have a new review of the standards of infringement of Chinese musical works.For example,after a series of exploiting on the status quo of the legal system of tort liability recognition of Chinese musical works,I discover that,there are obvious deficiencies in the field of music plagiarism and infringement,not only in the theoretical system but also in practice.For example,the defects in the legal system include:overmuch broadness of the interpretation of legal concepts,unreasonable legal provisions,causing the misleading when identifying responsibilities.While there are also certain drawbacks in the practice of determining the infringement of musical works.For example,there is a lack of express rules for the courts with confusion.In the end,I analyze the status quo of our legal system and judicial practice in music field and raise plenty of advice,hoping to provide promotional significance.