关于音乐产业与音乐权益保障问题的若干思考

Our Opinions On The Issues Of The Music Rights Indemnification And Music Industry

音乐产业发展所带来的音乐权益保障问题已成为音乐界一个十分恼人的问题。本文从音乐、经济和法律相关性的边缘视域,一方面从认知上说明了发展音乐产业与音乐权益保障的关系,既把发展音乐产业理论难题的解决看作是音乐权益保障的逻辑前提,又把对音乐产品价值定位和类分看作是音乐权益保障的合法基础。另一方面,从实践上说明了我国目前音乐权益保障的现状和问题,并提出了建立音乐权益保障机制何以可能的依据。

It had been an annoying problem in the music circle that the music rights indemnification, which caused by developing of the music industry. The article discussed that the relationship between the development of the music industry and the rights indemnification from the aspects of music, economy and law. The writers held that to settle the theoretical problem of the music industry development as the logical precondition to the music rights indemnification on the one hand, and meanwhile looked the bidding and classifying of music production as the legitimacy foundation of music rights indemnification. The writer also explained the present situation of the music rights indemnification in China on the other hand, and proposed to set up the indemnification system for music rights as well as its possibilities.