| The advent of the Internet era has triggered a series of technological changes.As an important part of the cultural industry,digital music can have a profound impact on a country’s economy or a country’s culture.For the time being,China’s digital music user base is huge,but from the perspective of market revenue,it is not as optimistic as we think.Copyright is one of the important links and is the main reason for restricting the development of this industry.Driven by the development of digital,mobile and popularized networks,the scale of the industry,the number of products and the scale of users are developing rapidly.However,with the development of digital network technology,the spread of online pirated music is more convenient,and the phenomenon of infringement and piracy is more serious.Currently,The government and industry are paying more and more attention to copyright issues,the digital music copyright environment has improved,and the protection of online music copyrights is not optimistic.However,in reality,due to the lack of mature economic operation and institutional foundation in China,there are inherent distress.However,China’s music industry has not been institutionalized,systemized,and industrialized as mature countries.Therefore,there are many empty articles and no implementation space for system design.By consulting relevant materials and case studies,we are currently protecting digital music copyright in China.There are the following dilemmas: The main manifestations are as follows: digital music copyright infringement disputes are diverse,and it is difficult to define the infringing subject and its responsibility.Secondly,the infringing subject has multiple arguments.In the infringement case,the infringing body often uses multiple defenses to evade oneself.Responsibility;Again,based on our current copyright management system,we find that there is a single management and authorization problem that is not clear in management and authorization.In the United States and the European Union,in terms of digital music copyright protection,whether it is from legislation,or from the perspective of its actual management and the benefits of digital music copyright for both,it is more perfect than China.Therefore,the article introduces the relevant legislation and practice in the field of digital music copyright protection in the United States and the European Union,and combines the actual situation in China’s national conditions and legislative practice,and puts forward the following aspects for the protection of digital music copyright in China: In terms of responsibility,the digital music copyright infringement liability is clarified and differentiated.Different principles are applied to direct infringement and progressive indirect infringement,which makes it easier for the judge to define the liability of the infringer in the judicial case.Secondly,on the basis of the defense.Perfect,mainly focusing on the principle of fair use and implied licensing system;finally,through the analysis of the two different management systems of the United States and the European Union,and learning from it,it has greatly played a reference for the improvement of China’s current copyright management system. |