Research On Copyright Permission System Of Music Works In Network Environment

Before the advent of the Internet information age,music works mainly through the record,tape and other media,the propagation speed is relatively slow,the copyright of music works through the copyright of musical works,authorized record companies or other music users to specific The use and dissemination of the musical works are within the control of the copyright owners of the musical works.With the development of social science and technology,especially the digital technology and network technology as the representative of the information technology continues to mature,coupled with the popularity of the Internet has changed the way music works,greatly enhance the speed of dissemination of music works.People through the computer,mobile phones and other network equipment to receive and transmit,you can easily get their music on the network works.The development of the network,although expanding the scope of the spread of music works and influence,is conducive to enhancing the visibility of the copyright of music works,but makes the music works of the copyright owner can not control the use and dissemination of musical works,and network environment copyright infringement of musical works The traditional copyright licensing system can not protect the interests of the copyright owners of music works,and seriously affect the enthusiasm of the copyright owners of music works,is not conducive to the healthy and sustainable development of China’s music industry.In order to deal with the impact of the network copyright protection system on the traditional music works,to better protect the legal interests of the copyright owners of music works,to meet the needs of music users and promote the development of China’s social and cultural undertakings,The copyright licensing system for music works should be revised to make it more scientific and reasonable,and keep pace with the development of social science and technology.This paper is divided into four parts to research on the copyright system of music works under the network environment:The first part focuses on the content of the copyright of music works,music copyright licensing system and the network environment of the copyright of musical works to analyze the impact.The copyright of musical works includes the right of authorship and the right of property.The copyright of music works mainly refers to the property rights of musical works,such as the reproduction rights of music works,the right of distribution and the right of information network communication.The development of network information technology has brought unprecedented opportunities to the development of the copyright of music works,and caused great impact to the existing copyright protection system of music works.Under the network environment,it is possible to broaden the scope of permission of copyright of musical works,and weaken the control of the copyright of the copyright of the musical works,which may lead to the infringement of the copyright of the musical works.The second part mainly analyzes the problems existing in the copyright of the music works in the network environment.China ’s copyright collective management system was established later,the Chinese Music Copyright Association by the National Copyright Administration and the Chinese Musicians Association co-sponsored the establishment of mainland China is the only music copyright collective management organization,which has a strong administrative color and has Certain monopoly,monopoly price in the process of using music works,and unreasonable distribution of license fee.In the network environment,it is possible to make the personal permission of the copyright of the musical works,to the new challenge of the collective license system of the copyright of the music works,and to impact the existing copyright system of the music works.The third part analyzes the copyright licensing system of music works in the foreign network environment,and draws lessons from the beneficial experience of China.The development of the network is global.At present,the copyright licensing system of our country is facing the challenge in the network environment.It is also a question that some other countries are facing or have to face.This part,through the United States,Britain,The paper analyzes the copyright protection system of the musical works under the network environment,and thinks that it can use the network technology to give the right of control of the music works to the music works,and through the judicial procedure to determine the copyright royalty of the music works,Administrative Power Intervenes in Collective Management Organizations of Copyright of Music Works.The fourth part mainly comments on the newly published "Draft Amendment to the Copyright Law",and on this basis put forward the proposal to improve the copyright system of music works under the network environment in China.The introduction of competition mechanism in the system of collective management of copyright,the gradual liberalization of the conditions and the number of restrictions on the establishment of copyright collective management organization of musical works,the marketization of copyright management of musical works,the establishment of parallel licensing system,the full protection of the interests of music copyright owners,The creation of music power;the establishment of music copyright implied licensing system,the balance between the copyright owner and the music works between the interests of users,while conducive to the dissemination of music works to achieve mutual benefit and win-win situation.