Review And Analysis Of Copyright Dispute Case Of Music Fountain

The first case of music fountain lasted for two years and finally ended.In the second judgment,the court attributed the presentation of the effect of music fountain to the works of art.China's copyright law adopts the legal mode of type for works,and then restricts the external manifestation of works by enumerating the specific types of works.With the development of The Times and the continuous improvement of the aesthetic needs of human beings,new art forms keep emerging and music fountain works emerge at the historic moment.However,whether the music fountain spray effect belongs to the types of works listed in the copyright law and whether it can be included in the scope of copyright protection cannot be found in the current copyright law and relevant laws and regulations,and the court is faced with many difficulties in the application of law.Because of this,the music fountain copyright dispute case has led to a series of problems about the new work copyright that need to be solved urgently.At present,it is thought the music fountain spray effect has belongs to the laws,administrative rules and regulations of other works,its reason is the music fountain spray effect has not belong to the "copyright law" regulation of eight type of typical works,apply to the copyright law(9)of the third article carries out the terms of the properties of the special object of protection is proper;There is a view that the presentation of the effect of music fountain jet should belong to the works of film and works created by similar methods of film making,because the copyright owner is the works of film and works created by similar methods of film making which are registered.There is also a view that the presentation of music fountain spray effect needs to be edited by computer software,so it should be classified as computer software.In thispaper,the author supports a second trial court judge's point of view,through the direct interpretation and logical interpretation of music fountain effect of injection of present shall belong to the results of fine arts,and the similar music fountain spray effect of the present legal protection of a work non-statutory types such as path from two aspects:legislative,judicial,for the lower has the background of new era "new work" direction to provide legal protection,encourage the creation of enthusiasm,make more high quality works to produce and spread,enrich people's spiritual and cultural life.