A Research On The Legal Issue Of Song Cover In Music Program

Music imitation cover program emerges in endlessly,this type of imitation music program,is not only use the work of the author,it pays more attention to the performance of original singer.This cover behavior would involve in the copyright law and anti-unfair competition law.The imitator imitates maliciously,it will damage to the image of the performer,and it will violate the original singer's right to protect the image of the performance from distortion.At the same time,this kind of behavior pays more attention to the imitation of the original singer.Proper imitation has positive social significance,it can promote the development of literature and art,it need to be guided and encouraged;And it exceeds a certain limit,as improper imitation,it will cause the confusion of the audience and lead to the mistake of image right of the original singer.This behaviour has a negative impact,it needs to be regulated.Article 2 of the anti-unfair competition law,it has been considered the general terms for the court in practice.It can regulate the improper imitation which is not specified in the anti-unfair competition law;Finally,aiming at the problem of mistake of the image right of the original singer,it is a good choice to introduce the image right to regulate the improper imitation and cover behavior that causes confusion.