1. How to identify plagiarism of celebrity songs
The legal provisions of our country , to determine whether a musical work is plagiarized, "contact + substantial similarity" is generally used to define it.
"Contact" can also be divided into two situations. One is when the musical work itself has been widely disseminated, and if another song appears, it is similar. The song can be deemed as plagiarism; another situation is that the music work itself has not been published publicly, but if the music work has been participated in the competition, the participating judges and audiences will be deemed to have been exposed to the music work.
Substantial similarity is relatively easy to understand, which means that there are a lot of similarities in melodies between musical works. If the similar melody fragments are determined to be original, then it can be deemed For plagiarism.
In addition, substantial similarity must be judged based on the entire musical work. Generally, 8 measures of similarity can be judged as plagiarism, or the main chord in the musical accompaniment If the dominant chord is too similar, it can also be judged as plagiarism.
2. Relevant legal provisions
"Copyright Law of the People's Republic of China"Article 47 If there are any of the following infringements, the , bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publishing his work without the permission of the copyright owner;
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(2) Publish a work created in collaboration with others as a work created alone without the permission of the co-author;
(三)无Participating in creation and signing other people’s works in order to seek personal fame and fortune;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people's works;
(6) Exhibiting, making movies and Using works in a manner similar to making a movie, or using works in ways such as adaptation, translation, annotation, etc., unless otherwise provided for in this law;
(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Unauthorized film works and works created by methods similar to filmmaking, computer software, With the permission of the copyright holder of audio and video products or the holder of copyright-related rights, his or her works or audio and video products may be leased, except as otherwise provided for in this law;
( 9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(10) Without the permission of the performer, from live broadcast or Publicly transmitting their live performances, or recording their performances;
(11) Other acts that infringe on copyright and copyright-related rights and interests.
The above knowledge is the editor's answer to relevant legal issues. According to the provisions of our country's laws, to define whether a musical work is plagiarized, "contact + substance" is generally used "sexual similarity" to define. If you need legal help, readers can go to the Legal Savior Network for consultation. The Legal Savior Network has the most professional lawyers to answer your questions.
