Constructive Study On Music Copyright Protection In The Network Environment

The development of Digital and Network Communication Technology has deeply changed the way of Music Work's transmission; it has made Network an important source of Music Works and formed the online music industry chain. The online music industry chain is totally different from the traditional music industry chain due to the characteristic of the Digital and Network Communication Technology, for this reason, traditional music Copyright system based on the traditional music industry chain can not keep the balance between the interests of copyright owner, Propagator and personal users in the online music industry chain. The copyright owner's interests have been seriously infringed, and the music copyright owner's enthusiasm has been deeply faded.How to readjust the traditional music Copyright system to meet the challenge arising from the change of music industry chains, and make the music Copyright system the ability to keep the balance between all the partners'interest in the online music industry chain, has become the radical problem of the study on the music Copyright system in the network era, and it is also the key problem which This thesis wants to cope with.This thesis comprises 4 chapters, in addition to an Introduction, about 49000 words.Chapter 1 is the general introduction of this thesis, In this chapter, I firstly introduce the difference between the online music industry chain and the traditional music industry chain, then explain the challenge which the traditional music Copyright Protection system faces due to the music industry chain'change, lastly introduce the aim of this thesis.Chapter 2 deals with the legal problem arising from the explosion of the personal replication capacity. My study on this problem can be divided into three parts: firstly, I confirm that the personal replication in the network is still restricted by the copyright law. Then I focus on whether the personal replication in the network can become fair use of the music works, because the provisions in the Chinese copyright law is not very clear in this issue, So then I constructively study the different opinions of the USA, EU and IFPI. Finally, Base on the study, I advance and provide a blueprint for an idea that I think can realize the balance between the copyright owner and the personal users: allowing unrestricted noncommercial peer-to-peer (P2P) file sharing in return for imposing a levy on personal replication.Chapter 3 deals with the legal problem arising from the personal user of the P2P file and the website which offer the P2P file. my study in this chapter can be divided into three parts: firstly, I conform that the person who uses the P2P file to share and Upload the music works is illegal, then, I analyze the secondary copyright liability rule in the US copyright law which can be used in the P2P cases. Finally, I study the P2P case in china and introduce the joint tort in Chinese copyright law. Chapter 4 deals with the legal problem arising from search engine, in this chapter through case study,I advance and provide a blueprint for an idea that I think can realize the balance between the copyright owner and the Propagator: The copyright owner and the Propagator shall cooperate together in the online music industry chain, and ad-supported legal downloads is the best cooperate way. Since in china the copyright owner (such as EMI) and the Propagator (such as Baidu.com) have already started their cooperation based on the ad-supported legal downloads, so the Chinese copyright system should lead and advance their cooperation, and offer legal support for this cooperation.