Probe Into The Copyright Protection Of Audiobooks In The New Media Era

As an emerging cultural carrier,audiobooks are favored by more and more listeners because of its wide coverage,less access restrictions,and short-term and efficient knowledge input.It has become a new way of "reading".In the era of new media,copying and dissemination of works is a positive response of audiobooks to their social functional culture.Digital technology has made a huge change in the ways and methods of communication.As a growing market-oriented industry,audiobooks have broken through the traditional operation mode of individual works corresponding to authors,publishers,and readers,and have formed a text content authorization party,audio content producer,platform operator,copyright management party,network Users and other complete industrial chains,in the production process of audio books,the identity of each subject in the industrial chain is no longer single under different production modes,and the relationship between rights and obligations is becoming more and more complicated.In addition,as the practice case library of audiobook infringement disputes has become more and more abundant,some common problems in the judgment are found after summarizing,for example,the nature of the defendant,that is,the audio platform,the identification of the responsibility is not clear,the standard for determining the liability is not clear,the amount of compensation and the liability The reasoning is ambiguous.At the same time,specific to different cases,in reality,there are phenomena such as "authorization with out authority" by upstream authorizers,and different judgments for works of different popularity in the same case.If these problems exposed in the infringement disputes cannot be properly resolved,it will inevitably affect the enthusiasm of the creators of audiobooks and hinder the spread and development of audio culture.Therefore,this article focuses on a series of practical problems of audiobooks.By clarifying the legal attributes of audiobooks,the rights and obligations of the various parties in the industry chain,and the analysis of judgments and real problems,from three perspectives of law,technology and concepts:The protection of audiobooks proposes corresponding improvements,aimed at contributing to the development of the audio industry.This article contains five parts,as follows:The first part is an introduction to the status of audiobooks and copyright protection.It discusses the concept of audiobooks,the characteristics of the communication characteristics of the new media era,and the status of copyright.It examines in detail the "text works-audio producers-Operating platform—user" industrial chain,and the characteristics,operation methods and content rights of the user-generated content professional production content and professional user production content,and the rights and obligations of various subjects on the audiobook industry chain under different content production modes A comparative discussion was made.This part is the overall perception of audiobooks.Through an overview of this new reading method in the new media era,it lays the foundation for the analysis of the full text.The second part returns to the legal principles related to copyright to discuss the copyright of audiobooks.This article returns to the "original" standard for judging the work,and according to this standard,it examines the copying and adapting behaviors in the production process of audiobooks.Under different circumstances,the judgment of the properties of audiobooks cannot be across the board.The originality of his work is the standard of judgment,whether it meets the protection standard of the work in the copyright law.This part combines the diversification of the current types of sound works,starting from the most basic legal principles to re-classify the protection of sound works,so as to avoid the court decision to use them as copies of sound recordings,encourage creation,and promote the development of sound culture.The third part discusses the copyright protection dilemma faced by audiobooks under the new media environment.This chapter is divided into four parts.The first section first elaborates the academic community's different views on the legal properties of audiobooks,and analyzes the key difference is whether the audiobooks,after being vocalized,constitute new works in the sense of copyright law.The second section analyzes the reproduction rights,adaptation rights and information network transmission rights involved in the infringement disputes of audiobooks,clarifies the legal relationship subjects and the rights involved;the third section is based on the analysis of infringement dispute cases in the past decade The common problems in the judgment of sound disputes and the current practical problems are mainly concentrated in the areas of unclear responsibility determination standards,unclear compensation amounts,and unauthorized authorization in the upstream and downstream of the industrial chain;the fourth section analyzes the cause of the problem,from the macro environment It is difficult to identify infringements.It is difficult to abuse the "safe haven" rules at the micro level,and the authorization contract is not standardized to the social level.The overall copyright awareness of the network users is weak,and the cause of the problem is comprehensively analyzed to solve the problem in a targeted manner.The focus of the fourth part is to distinguish the infringement liability of network users and audiobook operation platforms,that is,the distinction between direct infringement and indirect infringement.In the investigation practice case,it is found that the liability for infringement of audiobooks shows two characteristics.First,the plaintiffs prosecution usually only has a sound operation platform that publishes audio works,and basically does not pay attention to the direct infringing network users.Second,the court's Most of the judgments also centered on the platform's indirect tort liability such as stopping infringement and compensating for losses.This article believes that most of the current sources of frequent infringement of audiobooks are still direct infringers,that is,network users.The direct infringement and indirect infringement responsibilities cannot be separated,and giving the indirect infringer a certain right of recourse can curb the proliferation of infringement disputes to a certain extent.The fifth part is some suggestions for perfection based on the previous analysis.The background of audiobook disputes is the era of diversified new media,so the means of protection should also be diversified.This article proposes suggestions from three paths of law,technology and social concept innovation:the law again clarifies the infringement judgment standard,re-analyzes the "knowing" requirements for judging the duty of attention,and distinguishes betwee"knowing factors" and "shall know factors" in the judgment The subjective and objective position of the company,the introduction of repetitive infringer policies and a clear premise of blame for alternative liability,make our "safe haven" blame more perfect;technically build a "blockchain+copyright" protection model,make full use of blockchain technology to The characteristics of centralization,openness,transparency,security and credibility solve the problems of unclear authorization and high transaction costs in the audio industry chain;in terms of concept innovation,the new media era is accompanied by the wave of knowledge payment,to cultivate the public to establish the concept of knowledge payment,and gradually refine the knowledge sharing agreement.Relevant regulations encourage the public to participate in creation through knowledge sharing and stimulate the vitality of knowledge innovation.