Research On The Determination Of The Infringement Of The Right Of Information Network Dissemination Of Musical Works

With the development of information network and digital music industry,in recent years,the number of infringement disputes on the right of information network dissemination of musical works has increased year by year.At present,although the construction of copyright related legal system in China is gradually improved,there are still deficiencies in the content of laws and regulations related to the right of information network communication.In the judicial practice,the court needs to identify many kinds of facts when hearing the infringement dispute of the right of information network dissemination of musical works,but these facts to be identified lack of clear legal basis,and the court judgment faces the situation of being unable to rely on,so it needs to use the theory and the judge's discretion to determine the relevant facts and cases.At present,the theoretical theory is relatively diversified,and there is no unified standard for the fact identification in all aspects,which makes it more difficult for the court to hear such cases,resulting in the situation that the judge has too much discretion,the case is not judged properly,the same case is judged differently and the jurisdiction is differentIt is necessary to combine the particularity of the composition of musical works and the specific problems faced by judicial practice to study and analyze the infringement of the right of information network dissemination of musical works.Based on the current situation of legislation in China and the classification basis of the facts to be determined by judicial judgment,the representative cases are selected to point out the problems and possible problems faced by the current court's infringement determination.In the end,by analyzing the problems found in the judicial cases,combining with the existing laws,regulations and theories,and considering the particularity of musical works,and putting forward the corresponding opinions on the improvement of the standards for the determination of different infringement,hoping to provide more reasonable and unified rules for the judgment of cases and reduce the discretion of judges through the improvement of the relevant standards for the determination of infringement,avoid obvious difference in judgment,and promote the smooth settlement of such infringement disputes.