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The Legal Copyright Protection of Digital Music Works in Network Environment

Author: LiangFei
Tutor: WangYanMing
School: Jilin University
Course: Legal
Keywords: Digital Music Copyright Legal remedies Technical measures
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 618
Quote: 0
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Abstract

Copyright copyright or author rights, also known as a general term for natural persons, legal persons or other organizations legally entitled to the property rights of literary, artistic and scientific works and personal rights. Invention and wide application of digital technology, marks the digital rights era. However, the copyright owner, works exist in the form of bits, even though it can make it more rights, such as digital rights, network dissemination of information, such as the right, gave the copyright owner has brought trouble to make it increasingly difficult to control their work, resulting in the growing proliferation of network infringement. In the face of a large number of network disputes, traditional copyright law protection system difficult to maintain a balance between the interests of copyright holders and the public of the digital music works, can not be an effective solution to new problems emerging in the field of digital music copyright in works of. In order to balance the copyright owner, disseminators and users of the interests of the three parties to promote rapid and healthy development of digital music, digital music copyright infringement legal issues research has a very important theoretical and practical significance. Through comparative analysis and case analysis is divided into chapters to study the network environment, the problems of copyright protection of digital music works: The first chapter is the protection of copyright Overview of digital music. Digital music works, traditional music is converted to a series of \spread of new forms of music. Digital music will be more and more the music consumer groups of all ages and developed rapidly. Compared to traditional musical works, the rights of the main range of the digital music works to expand, changes in the content of the rights under the network environment, network environment infringement is widespread and diverse infringement, the right to relief has also changed. Protect digital music copyright significance lies in safeguarding the interests of copyright holders, legitimate share digital musical works; pursuit of the balance of interests, maintain the order of the knowledge economy, and to promote the development of the digital music industry. The second chapter is on the copyright protection of digital music works abroad legislative experience. Of the power of the copyright and property rights is essential for the digital music copyright owner. For most controversial property rights of reproduction and Information Network Transmission Right, most of the country's domestic legislation, the Berne Convention and the Universal Copyright Convention, these two rights systematic discussion and in-depth study increasingly become more scientific, reasonable, in the face of difficult to determine the user groups in the network environment, digital music works, simple and rapid means of communication so that the rights of the subject individuals to assert their own copyright law defined and limited; more difficult, the copyright collective management system is emerged in this context; in the network environment, the development of digital technology to facilitate people's access digital music works the same time, along with a large number of infringement of the right to make, to the rights and society as a whole has resulted in huge losses, and the tradition of the copyright protection measures have been difficult to control and resolution of network infringement raging, this should be both legal and technical measures to gradually improve the right to make digital music works protection mechanism, the main method of the technological protection as prevention, legal remedies as the primary means of relief afterwards, in order to achieve effective protection of online music copyright in such work. The third chapter is the legislative situation and problems of China's digital music copyright protection. With the development of human society, the content and form of the work has been changed, the adjustment of the copyright law will be changed. At present, China's copyright legislation for exceptions and limitations of the right of reproduction of digital music works and not explicitly specified in the digital music works in large numbers in the network, if not the right of reproduction is reasonable, appropriate restrictions bound to have a digital music works problems of copyright protection and the music industry market healthy and orderly development cause confusion. Of copyright collective management system has played a certain role in safeguarding the interests of the copyright owner of the musical work, but still not perfect aspects: First, the monopoly of the copyright management organizations is not conducive to the development of the digital music industry. Second, the State Copyright Bureau as a department ineffective supervision of the digital music collective management of copyright. Finally, it is a general lack of awareness of copyright protection, rights awareness is not strong, even if the conscious rights activist trouble due to ignorance of the law or leisure idler to use legal weapons to protect the legitimate rights and interests. At present, China's digital music copyright infringement legal remedies formed three main remedies for administrative penalties and criminal liability to civil remedies, the coexistence of a more comprehensive system of legal remedies. Chapter proposed legislation to improve China's digital music works copyright protection system. Digital music industry has developed rapidly in the network environment and great potential, but the face of the endless stream of network violations, China's legislation should refer to foreign legislation suited to China's legal system, as soon as possible to establish a sound digital music works protection system, an effective solution to infringement dispute actively protect the interests of the copyright owner, thus achieving the balance of interests of copyright protection and the public demand. First of all, China's legislation should be in the development and expansion of the rights of content at the same time, the exclusive right in the copyright in the digital music works american to reasonable restrictions, close and equitable sharing of digital music works necessary to protect the public in order to achieve the right to make and the value of the balance of the public interest objectives. Second, in the face of China's copyright collective system deficiencies, starting from the actual situation in China, we should learn from some foreign copyright management system developed to construct suitable for China market mechanism led to effective supervision mechanism copyright collective management system. Again, to re-examine the distribution of benefits and limitations of rights in the digital age and use, reasonable to consider the interests of the network service provider based on the use and dissemination of the specification digital music works in the network, improve network service provider infringement accountability. Finally, although the digital music works spread in today's developed world of the Internet is convenient, fast, but at the same time is also accompanied by a large number of difficult to control infringement, relying solely on legal means relief is not enough to solve more and more rampant network infringement, so copyright owner infringement recognition technology, digital rights management system, new technical measures to protect their legitimate rights and interests.

The Legal Copyright Protection of Digital Music Works in Network Environment

Abstract

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