| Now that an explosive growth of digital technique has led to global popularization of the Internet, music carriers have been developed from traditional to digital, due to which the vast spread of music has brought both convenience and tort issues into people’s life. Through a legal analysis on Internet communication of musical works, this thesis is an attempt to provide sound preferences for juridical practice, and to make some efforts for music business development.In order to clarify and solve problems, methods of comparative, literal and systematical are applied in this thesis, which is divided into five parts.In the first part, musical works and related rights are defined. A musical work is a piece of artistic work that is composed by organized sound as an expression of human emotion, idea and social reality. According to Copyright Law of our country, it means work with or without lyrics that can be sung or played, like a song or a symphony. Related rights include all sorts of copyrights and neighboring rights.In the second part, impacts of Internet communication on music rights are analyzed. Challenges brought by the Internet to protect music copyrights are discussed after an introduction to traditional music protection, and then the current situation and difficulties of digital music protection are analyzed.The third part and fourth are about legal liability of. Confirmations of responsibility are seen as different in accordance with different kinds of Internet service providers and various behaviors of Internet users.Last but not least, in the fifth part, suggestions are given on China’s music protection in Internet communication. On legislation, standards of copyright infringement and its damages should be specified; on administration, fixed and regular protective measures should be taken; and additionally, technical measures, charge system and collective stewardship of copyright should also be considered as supporting ways to protect music rights in Internet communication. |
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