Research On Music Copyright License Contract In Digital Environment

It’s undoubted that we will come into “digital time”in 21 century.As the music spread rapidly,the way the public listened to it changed.However,the infringement of music works is common,a large number of reproduction and dissemination of infringement become the main problem.The copyright license contract,as an important way and premise to realize the network dissemination of works,also faces the impact of digital environment.Copyright law conflicts with contract law.The limitation of copyright rights is nullified by the terms of the contract.The new music copyright license contract brings disorder to the music market and leads to monopoly.At present,the music copyright license contract in our country lacks perfect system regulation,it is urgent to clarify the relevant system.The dissertation is divided into 4 chapters,except the introduction and conclusion.The first part of this paper makes a general analysis of music copyright license contract in digital environment.From the relevant legal terms to the legal nature of the anatomy.The copyright license contract of musical works not only takes the form of traditional copyright license contract,but also contains the essence of copyright law.Then,this paper introduces the various types of copyright license contracts in China and analyzes them.According to the scope of the subject and different licensing methods,the present music copyright licensing contracts in China are listed one by one and detailed.The second part introduces the challenges and problems of music copyright license contract in digital environment.The first is the conflict with contractual freedom.Copyright license contract is regulated by contract law and copyright law.In particular,the freedom of contract and the limitation of copyright rights conflict under the autonomy of will,which requires the interest balance mechanism to coordinate the relationship between the two.Second,the conflict with free market competition.The monopoly risk and anti-unfair competition caused by music exclusive copyright license contract should be faced up to and solved.Finally,the current laws and regulations are not clear and the regulations are not clear,which cannot meet the regulatory requirements of China’s music copyright license contract.These challenges and problems need to be addressed.The third part analyzes the specific rules of music copyright license contract indigital environment.Firstly,from the perspective of contract law,this paper discusses the specific rules in four aspects,including the conclusion of the contract,the subject of the contract,the content of rights and obligations of both parties,and the clauses of liability for breach of contract.In addition to the contract formation process,the specific rules of the music copyright license contract in the digital environment are in the copyright law.It mainly includes the subject of copyright right,the object of copyright right and the content of copyright right.In addition,through the comparison and analysis with offline copyright license contract and traditional music copyright license contract,the corresponding rules of music copyright license contract in digital environment are summarized.The fourth part firstly analyzes the advanced theories and experiences of overseas music copyright license contract in digital environment.From the theory of copyright market of Japanese scholars,to the establishment of database of music copyright trading information in the United States and the European Union,as well as the collective management system in the United States and Japan.These theories and experiences provide valuable reference for China’s current music copyright licensing and copyright protection.Finally,according to these excellent experiences and theories,combined with the characteristics of the current music market in China copyright licensing contract,put forward Suggestions to improve.We should not only perfect the relevant norms of contract law and copyright law,but also construct the corresponding music trading market.