The Research On Infringement Of Digital Music's Copyright

Since the internet presented itself, the world has had the earth-shaking changes. Along with the rapid development of network, the Internet has provided the brand-new opportunity for the information use and the widespread dissemination, it brings us a huge change on method of collecting and spreading information, the cost of information duplication has greatly reduced, and it has brought great shocks on the copyright protection.After the 1990s, the digitized network technology swift and fierce development leads the human into the information time. The information network technology development, on one hand, causes dissemination of digital work to change conveniently and quickly, on the other hand, brings the unprecedented impact and the challenge to the traditional copyright protection system. In order to adapt the requirement of copyright protection under the network environment, conforming the international tidal current of copyright protection, the new revision "Copyright Law" additionally built information network dissemination right to the copyright owners in 2001. "Internet Copyright Administration Protection Means" was promulgated on April 30th, 2005, and implemented on May 30th; "Information network Dissemination Power Protection Rule" implemented on July 1st, But in view of the fact that copyright protection is a new topic under network environment, and the network rapid development as well as does the legal lag, how to protect the copyright owners' copyright benefit in the Digital Age advantageously, becomes the hot topic in the copyright law and judicature field day by day. Looks over the copyright history, it always follows the technical progress of the continual readjustment and balanced benefit relations among the work inventor, the disseminator and the user, finally realizes the copyright social function; In safeguards under copyright owner's legitimate rights and interests, the social overall benefits promote.As the intellectual property rights law which is close to the technological development, specially the copyright law, it is in particular closest with the information network dissemination relations, receives affects in a big way. From overall, technical each time progress can make the reflection in the copyright system, also can affect technical development in return.This article synthesizes many kinds of methods such as movement history inspection, comparison research, and standard analysis and so on, aiming at the subject of digital music copyright infringement, embarks from the digital music work limits, carries on the elaboration to the question of the network digit music copyright infringement in four parts.The first part is the outline. The expatiation on the definition of digital music work and the question of the digital music work copyright.The second part analyzes the definition of the digital music copyright. Through four aspects, including the definition, the component and the main body of, the types of infringement, and the responsibility principle of infringement, it carries on the rational theory discussion on the digital music copyright right infringement.The third part mainly discusses the deraignment and reasons of the digital music copyright. It includes the reasonable use, acquiescent permission and the security haven principle in the gross.The fourth part mainly gives suggestions on the music copyright right infringement from the legislation angle, and proposes the guard counter measure to the music copyright person.