Abstract：As one of the copyright-protected content， music copyright has occupied an important seat， along with the development of online media， online film and television works in the music copyright protection has become a new problem. From the classification of network television works start analyzed separately copyright protection of a variety of network television soundtrack work， combined with China's reality， a number of proposals to improve copyright protection for music television network in China.

Key words：copyright；network media；film music；rational use；profit；

中圖分類號(hào)：D920.4 文獻(xiàn)標(biāo)識(shí)碼：A 文章編號(hào)：1674-3520（2015）-03-00-02

Introduction

Development of digital and network communication technology has profoundly changed the mode of transmission of video works， the network has become an important source of people's access to film and television work， but due to the nature of digital and network communication technology， making online video industry chain compared to traditional film and television industry chain occurred enormous changes in the film's soundtrack and some of the original film， but also a large part from existing music. The music works when in use need to get the author's consent？ Use of time and whether you want to pay compensation？ To what issues we have to pay attention when the spread and usage？ This requires a comparative study and a summary of reasonable experience in our judicial practice， making more specific measures to achieve interests balance between copyright holders and users as well as the copyright owners and communicators in our network television industry to meet the challenges the television works facing in network times.

Within a wide range of network television movie soundtrack music belongs to film music conceptually. Film music that the existing law rules \"movie works and the creative works with analogous method in cinematography，\" also known as the audiovisual music works in use. What is an audiovisual work is being recorded on certain media， by a series of sound or no sound of continuous screen composition， with the device works properly played. Good film music enables artistic standards and business value of audiovisual works greatly enhanced， but that does not mean that film music is only a part of audiovisual works. In fact， film music is also a relatively independent existence.

First of all， the music itself is an independent film and television musical works， can be used alone. The nature of audiovisual works is a cooperative work， and are collaborative works can be separated. Part of which can be segmented using that to become part of the work is mainly independent screenplay， music lyrics and fine art photography， and the rest of the acting， directing and editing， and so out of the use of audiovisual works would not be alone or as an independent work . This is done by the original part of the level and size of audiovisual works dependence on the decision. For the promotion of cultural transmission and meet the needs of the public welfare， national legislation provides for film music is mostly to be out alone， in which case the copyright owner is entitled to exercise independent film and television music copyright. Second， even if not to be out alone to use， there are some video works its independent value. Since it is an independent film and television music musical works， audiovisual works its production， distribution， etc. will inevitably involve a series of activities for the film and television music copyright holders of the copyright. For example， adding musical works in audiovisual works should get the permission of the copyright to the payment of remuneration， film music and signature of the copyright owner is entitled to obtain a share of the proceeds of audiovisual works in audiovisual works， audiovisual works involve screening film music mechanical performance rights of copyright holders. From the long-term development to protect the interests of right holders and the music industry point of view， we need to admit that even when the overall use of audiovisual works is， film music also maintained a higher independence. The role of music in film and television audiovisual works， the status may be due to the different types of audiovisual works and differ， but there is always the value of its independence. In this sense， it is necessary to get network television music copyright protection.

Second， the network television works in the field of intellectual property soundtrack classification

Whether background music network television works needs to be a separate protection， some people think： micro-film background music used is entirely personal enjoyment purposes， not \"appropriation\"， but \"borrowed\"， should belong to the \"reasonable use \"category1. However， when using the work shall not affect the normal use of the work nor unreasonably prejudice the legitimate interests of the copyright owner. \"Fair use\" means in accordance with the provisions of the copyright law， do not have the consent of the copyright owner's consent and free use of another person's behavior has been published. To clear when a piece of music can be characterized as \"fair use\"， must first clear the carrier soundtrack - classified network television works. First， the network video works from the for-profit degree can be divided into several categories： pure entertainment works， works with the author's studio or website logo with placement works， such as pay-television works. These types are absolute limits， work scope included overlap part. Second， the proportion of the size of the background music applications from film and television work in the network， they can put into film and television works MV works and general network television works with part of the background music. Section 22 of the Copyright Act provides for the rational use of 12 kinds of ways， the need to combine the above classification specific analysis.

21 and 22 of the Copyright Act： \"Use the following cases works without permission of the copyright holder may without payment of remuneration， but it should indicate the author's name， title， and shall not infringe on other rights enjoyed by the copyright owner in accordance with this Law ：（ a） for private study， research， or enjoy the use of a published work of others； \"\" （9） free performance of a published work， the performance does not charge a fee to the public， nor paid to the performers； \"......

First， the \"individual\" refers to the use of musical works have been published， including a natural person or family to which it belongs. Although network television that uses the principal authors of musical works in a team but also personal， but the music spread through the network， the object is not infected with a particular subject - Click to watch the video of the majority of Internet users. So the work is actually a network television media for unspecified groups. The first paragraph of the reasonable scope， the \"fair use\" is limited to personal satisfaction to achieve appreciation， research， learning purposes， and does not extend to a third person， or family units. Network because of its unique properties such as propagation velocity range enormous， requiring producers of the video must be uploaded to a certain portal published， broadcast or copied many times to get public affirmation， won as expected， has far exceeded can not be extended to the first three such restrictions. So， all network television soundtrack work can not be used as a \"for personal study， research or enjoy the use of a published work of others.\"

Secondly， according to the relevant provisions of the Copyright Law， copyright musical works are divided into two categories： moral rights. Including the right of publication， authorship， and the protection of the right to modify the right of integrity； the second is economic rights. This is mainly a property rights， including the rights of 12 specific rights of reproduction， distribution， rental， exhibition rights， performance rights. Among them， the performing rights that are involved in the use of online video soundtrack background music. \"Performance\" means directly or by means of technical equipment to reproduce copyrighted works. Makers will join the network as the background music to any video playback， rendering the atmosphere from the contrast， and can play any number of times on the Internet， should be recognized as performers in \"mechanical performances.\" Therefore， according to the Copyright Law twenty-two ninth paragraph， depending on whether the use of background music are \"free show.\" According to the above classification， pure entertainment works because they do not have any profit in nature， in the use of the music only need to specify the name of the author's name and works of music， not the legitimate rights of copyright infringement can be； and with the logo of the studio or website Although there is no sponsorship revenue advertising works implants， but it brings to the team a better reputation or economic benefits， many studios and website will launch team as an important means of popularity， its market influence should not be overlooked， so this kind of background music can not be commercialized using video works classified as \"fair use\"； and works with embedded advertising， pay television works， etc. Because there is a direct source of profit， but not a \"reasonable use \"range. In accordance with the relevant provisions of the latter three works using music as background music， it must obtain prior authorization from the copyright musical works and pay fees.

In addition， Seen from the usage degree， the difference between network television MV works and with part of the background music of a general network television works is that the former is the use of a piece of music as a whole， which may exist in more than one unspecified music. In other words， only a small part of the user may violate the rights of a copyright owner to a few specific， but the whole works is very huge number of infringement. If the video with a profit at this time， to the background music for infringement of copyright， to pay appropriate remuneration to the copyright owner of each piece of music.

Epilogue

All in all， copyright holders need not only to actively advocate and safeguard their legitimate rights and interests， but also need to network television production team respected music copyright， the proper use of the labor of others. Not only the interests of the relevant parties， and only when the whole community to pay attention and care background music copyright protection， in order to protect the legitimate rights interests of copyright holders and related rights through the improvement of legislation， judicial norms， strict law enforcement， combined with network technology support ， copyright holders would realize their rights in a green network environment， China's outstanding musical works will be better protected and used in network communication， and to play a greater value.