Research On The Protection Of Rights And Interests Of Music Works Plagiarized

At present,the copyright of pirated musical works in China cannot be adequately protected.This is not a new problem,but it has not been well solved.Although China’s Copyright Law has long stipulated that the rights and interests of musical works belong to the protection scope of the Copyright Law,there is no further definition of plagiarism except that it is a tort.Due to the absence of relevant provisions in the legislation,the current judicial practice has caused certain difficulties in judgment,which has damaged the legitimate rights and interests of copyright owners of musical works.As the music market environment deteriorates and chaos is not well regulated,it falls into a vicious circle in the long run,and the Copyright Law has not really played its role.Facing the problems of copyright protection in our country,the national copyright administration in 2012 through the official website of the People’s Republic of China copyright law modification draft,but because of too much controversy,ultimately not implemented,the current is still use the Copyright Act 2010 version,can not be plagiarism in China provide adequate protection of music works.This year,the draft amendment to the Copyright Law was put forward again,causing hot debate.To fully protect the rights and interests of plagiarized musical works,the core lies in how to effectively control the market chaos and how to build a sound rights and interests protection system.First of all,we should perfect the legislation,amend the Copyright Law of Our country,and further define the act of plagiarism.Secondly,the judicial discretion should be actively used to reduce the existing judgment standards and increase the amount of compensation.Finally,encourage the development of associations to provide assistance to music copyright owners in safeguarding their rights.In order to protect the rights and interests of plagiarized musical works,China should speed up the systematic construction of rights and interests protection and perfect the three parts of legislation,judicature and association.