| Copyright, also known as authorship, is a general term about rights of property and personal rights enjoyed by a natural person, legal person or other organization to literary, artistic and scientific works. The invention and wide application of digital technology marks the arrival of the digital rights era. However, for copyright owner, digital works, although could get the owner more rights, such as digital rights and the right to information dissemination network, it has brought trouble to the copyright owner, which would make it more difficult to control their works, leading to increased proliferation of network violations. In the face of a large number of networks disputes, the traditional system of legal protection of copyright has been difficult to maintain a balance between the interests of the public and digital music copyright owner. The traditional legal system can not effectively solve the emerging issues in the field of digital music copyright. In order to balance the interests of the copyright owner, disseminators and users, and to promote the fast and healthy development of digital music copyright, the research of the legal issues of copyright infringement about digital music Is of great theoretical and practical significance.This paper with the application of comparative analysis and case analysis is divided into four chapters to study the issues of digital music copyright protection in the network environment:The first chapter is the overview of digital music copyright protection. Digital music refers that the traditional music will be changed into a new form of music indicated by binary digital code in a series of "0" and "1". And the new form with the character of widespread and rapid dissemination can be played and stored through computers, digital players, cell phones and other devices. Digital music has get great population of more and more music groups of all ages and developed rapidly. Compared to the traditional music, the appearance of digital music has expanded the scope of rights subject, changed the content of rights and the way of right remedies in the network environment. The significance of copyright protection of digital music is to maintain the interests of copyright holders and share digital music legally; to pursue the balance of the interests and maintain the order of knowledge economy so as to develop the digital music industry. The second chapter is an analysis about digital music copyright protection of foreign legislative experience. The property right is essential for digital music copyright owner of all kinds of copyright. For the reproduction right and the right to network dissemination of information as the most controversial property rights, most of the country's domestic legislation, "Berne Convention" and "Universal Copyright Convention," have been systematically discussed and studied a more scientific and reasonable legal definition and limitations; In a networked environment, facing uncertain user groups, the subject of rights will be more and more difficult to claim his rights by himself owing to the easy, fast and wide way of transmission, Copyright collective management system is came into being in such a background; In a networked environment, developed digital technology facilitate people to use digital music works, also accompanied by a large number of the copyright infringement which has caused tremendous losses to right subject and the musical industry. The traditional protection measures have been difficult to control and solve rampant network infringement. We could gradually improve digital music copyright protection mechanisms both from legal and technical measures, make technical protection as the main methods in advance and get legal remedies as the primary means afterwards, in order to achieve an effective protection to digital music copyright.The third chapter is an illustration of the legislative status quo and problems of Chinese digital music copyright protection. At present, there are no clear exception and limitation provisions about digital reproduction rights of musical works in the relevant copyright legislation. If not restricted to the right of reproduction reasonably and appropriately, the music industry copyright protection issues and the healthy and orderly development of digital music market will inevitably generate confusion. Although our system of collective management of musical works has played a certain role in the interests of the copyright protection, there are still some defective sides: the first, the monopoly of copyright management organizations is not conducive to the development of the digital music industry. Second, the State Copyright Bureau as a competent department affords no strict supervision on digital music collective management. Finally, there is a general lack of awareness toward the protection for the rights and the maintenance of rights awareness is not strong. At present, a comprehensive system of legal remedies for the infringement of digital music works has been came into being with the coexistence of the three main remedies: civil remedies, administrative penalties and criminal liability.The fourth chapter is to give some legislative proposals for improving digital music copyright protection system. Digital music industry with great potential has developed rapidly in the network environment. But, facing the endless network of violations, our legislation should establish a sound protection system for digital music rapidly, according to foreign legislation legal system, so as to effectively solve infringement disputes, actively protect the rights of copyright holders and realize the balance of interests between public demands and copyright protection. First of all, our legislation should make reasonable restrictions to some exclusive rights while developing and expanding of the content of rights to guarantee the public's need for digital music a reasonable share of the copyright in order to achieve balance of human and social value of public interest objectives. Secondly, in the face of the copyright collective system of shortcomings, we should establish a market-oriented mechanism, monitoring mechanism collective rights management system suitable for China by referring to developed copyright management systems in foreign countries. Again, the distribution and restriction of benefits among users need to be re-examined in the digital age, basing on reasonable consideration of network service providers'interests. It's essential to regulate the use and dissemination of digital music and improve network service providers'infringement responsibility system. Finally, the spread of digital music convenient and rapid in so developed Internet world, but a large number of violations are difficult to control. It's not enough to solve the rampant network violations to digital music works simply relying on legal means of relief. So the copyright owner need to adopt tort recognition technology, digital rights management system and other new technical measures to protect their legitimate rights and interests. |
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