音乐作品翻唱行为的侵权认定标准研究——以音乐综艺节目为例
The Study of Infringement Determination Standards for Music Work Cover Behavior—Taking Music Variety Shows as an Example

时下，人们娱乐化生活日益丰富，综艺节目中翻唱行为也越来越多。但在日渐丰富的同时有关音乐翻唱侵权的行为也在不断攀升，究其根本在于当下我国有关立法不足，人们无法对于翻唱行为进行准确判断。结合国内外有关界定翻唱行为侵权标准的立法现状，以当下电视节目中的翻唱行为为例，对我国当下音乐作品翻唱标准的实际情况进行分析，认为存在立法缺失、监管不力等问题，可以从完善立法、增强民众版权意识等方面入手，树立正确界定翻唱行为侵权与否的标准，共同促进我国音乐市场的繁荣发展。
At present, people’s entertainment lives are becoming more and more rich, and cover behavior in variety shows is also increasing. However, as the entertainment becomes more and more rich, the infringement of music cover behavior is also increasing. The fundamental reason is that the current legislation in our country is insufficient, and people are unable to accurately judge cover behavior. Combining the current legislative status of defining cover behavior infringement standards at home and abroad, taking the cover behavior in current TV programs as an example, this paper analyzes the actual situation of cover standards for music works in China, believes there are problems such as lack of legislation and inadequate supervision, and puts forward related countermeasures to improve legislation, enhance people’s awareness of protecting the legitimate rights and interests of copyright holders, establish correct standards for determining whether cover behavior infringes on copyrights, and jointly promote the prosperity of the music market in China.