The Legal Regulation Of Background Music Infringement In For-profit Public Places

For a long time,the free use of background music on various occasions seems to have become a habit,but in fact,this free use of background music can also create illegal problems.According to the Copyright Law of People's Republic of China,the music copyright owner has the right to license others to exercise their own copyright and receive remuneration according to law.For the use of other people's works,should pay compensation and not pay,constitute copyright infringement,must bear the corresponding civil liability.Therefore,the acquisition of musical works does not mean that they can be used wantonly,but should be judged by the purpose of use and the different circumstances of the judgment whether it constitutes infringement.Generally speaking,the use of background music without the permission of the copyright owner or the use of remuneration in a for-profit public place constitutes a background music infringement.And this kind of tort has the characteristics of universality,high frequency and difficult regulation,and often damages the legitimate rights and interests of music copyright holders.And the number of background music infringement incidents in China's for-profit public places,there are both institutional and cultural aspects of the reasons.First of all,from the institutional point of view,China's copyright protection system produced a short period of time,the legal provisions have not been perfected,especially in the copyright law and background music protection rights show the legislative lag and unreasonable provisions of the issue,is not conducive to the understanding and application of the law.Moreover,after the occurrence of background music infringement cases,the role played by judicial relief is very limited,the low amount of compensation awarded by the People's Court often leads to the amount of damages in the litigation is lower than the cost expenditure,not only to the right holder's enthusiasm for the protection of rights,but also to indirectly promote the suspicion of infringement.In addition,due to the worldwide general management of the use of background music through the collective management system of copyright,and there are many problems in the construction of this system in China,such as the legal monopoly of collective management organizations is not recognized,the lack of trust of music copyright owners and the unreasonable setting of background music fees and so on,The existence of these problems makes the background music infringement more complicated.Secondly,from the cultural point of view,the concept of copyright from the west,China's local culture has not bred the system of copyright protection,so the lack of public copyright awareness has also added to the difficulty of background music rights.Therefore,this paper puts forward the following suggestions based on the problem of background music infringement in for-profit public places,combined with the experience of extraterritorial management.First of all,we should refine the legislative provisions of the right of mechanical performance in China's copyright law,clarify the connotation of rights,in order to solve the problem of cross-overlap of the scope of rights control between different musical works,and secondly,add the provisions of the statutory compensation minimum,and establish the punitive compensation of repeated infringement of background music,Solve the problem of high cost of rights protection and low tort cost;Finally,returning to the private attribute of music copyright,it is suggested to remove the legal monopoly of the subject of background music charging,and also the music copyright owner to choose freedom,at the same time to establish the background music bargaining negotiation mechanism,so that the background music payment standard is more rationalized,from the legislation,Judicial and collective management system three levels put forward China's for-profit public places background music infringement of the legal regulation of the way.