The Legal Dilemma Of Digital Music Copyright Protection And Its Countermeasures

The progress of digital technology has brought about the change of music communication mode,live broadcast,social interaction,and other pan-entertainment modes have driven the vigorous development of digital music industry,and the primary music platform pages have entered a new stage of "content dispute" from "copyright dispute." In this process,the subject of digital music becomes more diverse,and the relationship between rights and obligations is,therefore,more complex,and the existing music copyright system is facing significant challenges.Taking digital music as the theme,this paper discusses a series of viewpoints around the new tort problem that digital music works encounter in the network,trying to explore the reasons behind it and find the direction to solve the problem.The article divides into the following four parts:The first part analyzes the practical dilemma of digital music copyright protection.This paper first defines digital music,clarifies its characteristics of replicable,easy to spread and multiple rights subject,and then throws out two kinds of new problems emerging in the development of digital music industry: the rise of webcast culture and the rise of UGC model of network service providers,analyzes the copyright problems behind it —— and analyzes the degree of attention obligation of digital music network service providers.The second part analyzes the judicial practice and legislative status of these two kinds of problems in our country.The first section analyzes the identification of the behavior nature of webcast works in practice by comparing cases.It shows that there are different cases of judicial identification in the same nature.It sums up the deviation of views on broadcasting rights,information network communication right,and other rights in the characterization of the behavior of network work dissemination in practice.The second section is also compared with the case analysis of the music network service providers in the practice of tort liability identification,indicating the same nature of cases between the existence of different judicial identification,concluded that the reason for the emergence of different liability determination is due to the academic understanding of the duty of attention is different.The second section explains these two kinds of phenomena following the current legal framework.The right of information network communication,broadcasting,and acting can not cover the current live webcast behavior in the aspect of network communication and should be explained by the bottom line right.According to the third part,the copyright protection of digital music is observed by comparative law.First,the extraterritorial regulation of the act of network communication,the World Intellectual Property Convention stipulates the "right to communicate to the public," which requires all countries to include " interactive" communication behavior in the regulation of the exclusive rights.Second,the extraterritorial liability of network service providers.U.S.law is more stringent than China’s requirements for network service providers,judicial practice more flexible interpretation of "haven rules" to avoid excessive exemption from service providers’ obligations.Industry self-discipline model developed mature,industry regulations strict with legal standards;the European Union does not impose a general obligation on network service providers but leaves room for member countries to adopt special provisions,emphasizing filtering and censorship measures for service providers of information storage space.The fourth part provides some feasible suggestions for copyright protection of digital music: the first point is to establish a new standard for the dissemination of works under the network.The behavior of spreading music works in the network is not all "interactive" communication,but also "non-interactive " communication.The second point is to specify the imputation conditions of network service providers,emphasizing that music network service providers should classify and stipulate the duty of attention.Professional music service providers,such as digital music platforms,should establish a pre-review system.Other audio and video portals should establish music with the registration system,and network service providers should publish the authorized information(including whether to obtain the copy,copy license).The third point is to play the role of music copyright collective management organization,and network service providers to develop centralized licensing cooperation,so that music resources can present a standardized and efficient licensing and use model.