What kinds of authorization of the copyright own...
Firstly, we need to understand the basic concepts of musical works.Musical works are works with or without words that can be sung or performed, such as songs and symphonies.According to the Chinese legal system, there are generally two kinds of rights subjects in a musical work: the copyright owner and the neighboring rights owner.Copyright owners, such as lyricists and composers, enjoy copyrights in musical works, which are lyrics copyrights and composition copyrights respectively.Neighboring rights owners, such as performers and recording and video producers, enjoy neighboring rights to musical works, which are the rights of performers and producers of audio and video recordings.Infringement of neighboring rights of musical works also constitutes infringement.Because of the multiplicity and complexity of the rights of musical works and the right holders, the authorization and use of musical works are complicated in practice.
It is also necessary to know the rights of musical work stipulated by the Copyright Law.Copyright under Chinese law is divided into personal rights and property rights.The personal right mainly includes the right of publication, the right of authorship, the right of alteration and the right of integrity.The personal right in the broad sense also includes the right of the performer to indicate the identity of the performer and protect the performance image from distortion, which belongs to neighboring rights.Property rights include the lyricists and composers’ reproduction rights, distribution rights, performance rights, projection rights, production rights, broadcasting rights, information network dissemination rights, adaptation rights, etc., and performers’rights such as live broadcasting rights, reproduction rights, and information network dissemination rights, as well as rights enjoyed by producers of sound recordings and video recordings, such as reproduction rights, distribution rights, and information network dissemination rights.(https://www.daowen.com)
The purpose of use should determine the kind of rights that should be obtained.If the musical work is just for the live performance of the singer, the right of reproduction and the right of performance is a must; if a video of singer’s performance is to be uploaded to the Internet, it is recommended to obtain the right of information network dissemination; if a digital album is to be published, in addition to the aforementioned rights, the right of publication and distribution also need to be obtained.