1. Whether music copyright belongs to copyright
1. According to the relevant laws of our country According to the regulations, music copyright, also known as music copyright, is one of the works protected by the Copyright Law. Infringement of music copyright will bear infringement liability.
2. Legal provisions: "Copyright Law of the People's Republic of China"
Article 3 Works referred to in the Law include works of literature, art, natural science, social science, engineering technology, etc. created in the following forms:
(1) Literary works;
(2) Oral works;
(3) Music, drama, folk art, and dance , Acrobatic art works;
(4) Fine arts and architectural works;
(5) Photographic works;
(6) Film works and works created using methods similar to filmmaking;
;">(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) Other works stipulated in laws and administrative regulations.
Article 4: Copyright holders shall not violate the constitution and laws or harm public interests when exercising their copyrights. The state supervises and manages the publication and dissemination of works in accordance with the law.
Article 5 This law does not apply to:
(1) Laws, regulations, resolutions, decisions, orders of state agencies and other documents of a legislative, administrative or judicial nature, and their official official translations;(2) Current affairs news;
(3) Calendar, general number tables, general tables and formulas.
2. What are the constituent elements of copyright infringement
1. Illegality. The act that caused the actual damage must be illegal in nature, and the actor shall be liable for compensation. Otherwise, even if there is damage, the perpetrator cannot be held liable for compensation. Regardless of whether the activities carried out by the perpetrator infringe upon the interests of the copyright owner or whether the activities they carry out pose a major threat to the interests of the copyright and will inevitably damage the interests of the copyright owner in the future, this constitutes a copyright infringement.
2. Damage fact. It usually refers to the behavior carried out by the infringer that objectively brings harm to the injured party. If the infringer's behavior causes damage to the copyright owner and there is no legal reason for liability, the infringer shall bear legal liability. However, if the infringer commits infringement without causing actual damage to the copyright owner, should he be held liable for infringement? If someone illegally copies a large amount of his work without the permission of the copyright owner, but does not branch out, is this an act of copyright infringement? And For example, a publisher publishes without the author's permission but pays the author a royalties. I think these are infringements because they are without the author's permission and without legal permission. The infringer has exercised rights that should be controlled by the copyright owner or hindered the exercise of the copyright owner's rights.
3. Causal relationship. That is to say, the infringer shall bear liability only when there is a causal relationship between the infringement committed by the infringer and the damage. If the infringer has committed an infringement and illegal act, but the victim's damage has nothing to do with it, he cannot be held liable for compensation.
4. Subjective fault. In the case of copyright infringement, where fault liability is applicable, the person who is subjectively at fault must bear the responsibility. Fault is a state of mind of an actor that determines his actions. Fault includes two forms: intentional and negligent. If the actor foresees the consequences of his actions and hopes for them to happen or allows them to happen, it is called an intentional fault. For example, if he knows that throwing a gun into a crowd will hurt others but still throws it, it is an intentional tort. The perpetrator should foresee or be able to foresee the consequences of his actionsIt is said that negligence occurs when a person sees something but did not foresee it or even though he had foreseen it, he believed that it would not happen, resulting in damage. For example, a car driver knows that the vehicle's brakes are not working, but is confident that his skills are good, so he still drives out of the car. On the way, he hits someone because the brakes are not working. In situations where no-fault is applicable, subjective fault should not be a constitutive element of infringement.
The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, music copyright is also called music copyright, which belongs to copyright law. One of the protected works, infringement of music copyright will bear infringement liability. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.