1. How to prove music plagiarism
1. Prove the ownership of the work
The author owns the copyright of the musical work. Article 11 of the Copyright Law stipulates that "the citizen who creates the work is the author. It is hosted by a legal person or other organization and represents the legal person Or a work created by the will of another organization and for which a legal person or other organization assumes responsibility, the legal person or other organization is deemed to be the author." Therefore, the infringed author generally needs to submit a musical score published in a public publication and bearing the author's name. If the copyright owner is not the author, a copyright transfer, license or agency agreement must be presented at the same time. If the accused infringing party wants to rebut this point, it will need "contrary proof", such as a sheet music of the work published earlier or under another signature.
2. Prove the fact or possibility of contact with the other party
The existence of contact is considered plagiarism premise. The person accused of infringement has the opportunity or possibility to learn about the right holder's work, such as through broadcasts, public performances, etc.; it is also possible that the right holder's work has not yet been made public, but has access to the work through some means. Today, when the Internet is so developed, the rationality of contact is also constantly being expanded. Any musical work posted on the Internet may constitute a condition for contact.
3. Prove that the two works are "identical", that is, "substantially similar"
To prove plagiarism between two works, the most important and difficult thing to prove is to prove that there is "substantial similarity" between them. In litigation, the court will entrust music industry professionals to conduct appraisals and issue appraisal notes as the basis for judgment. Usually experts will judge the substantial similarity of songs based on the structure of lyrics and music, melody direction, rhythmic arrangement, musical temperament and listening experience.
2. How to apply for copyright of musical works?
According to the provisions of China’s Copyright Law, musical works are protected by copyright law Works, and musical works can be divided into two categories: lyrics and music. The copyright of musical works is owned by the creator, and the creator can apply for copyright registration. So how to apply for copyright of musical works? How to apply for copyright of musical works. How to apply for copyright of musical works based on the work. According to the provisions of the voluntary registration trial measures, creators of musical works can apply for copyright registration to the Copyright Office on their own, but they must provide corresponding materials.
The above knowledge is the editor's The answer to the question "How to prove music plagiarism" shows that the relevant laws of our country clearly stipulate that the citizen who creates the work is the author. It is hosted by a legal person or other organization, creates on behalf of the legal person or other organization's will, and is borne by the legal person or other organization Legal persons or other organizations are deemed to be the authors of works that are held responsible. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
