Research On Copyright Protection About Music Work In Network Environment

Along with the digital technology appearance, the network birth, for humanity's life, the production had the earth-shaking change, is affecting humanity's existence and the life style profoundly and widely. Looks like a wise to say, the science and technology is a double-edged sword, on the one hand has provided the unprecedented opinion and the expression free place to the people, for people's communication, resources sharing, on the other hand proposed the huge challenge to the present legal protection system, extremely important challenge domain is the intellectual property rights copyright domain. Our country from September of 2005 starts to pay attention to and take under highly the network environment the copyright protection question. Music work should say to be the human earliest intelligence achievement, now music industry holds the important status in the world economics share and the national development. Along with digitized advancement development, new technical appearance, because of music work own particularity caused it to receive the violation first, but under the traditional pattern of music work copyright protection appeared the output not situation of from the heart. In this situation, our country how to protect music work copyright owner's right in network environment comprehensively, to realize to author's benefit safeguard, to inventor's drive and to the entire music industry promotion, becomes the research important point about copyright legal protection question.This article has utilized the literature survey procedure, the comparison analytic method, the union precedent and the law economic analysis means, it encompasses music work right -- challenge - - protects this master line to launch the proof analysis. The article is composed by four chapters of contents. First chapter is about music work outline, mainly introduced in music work concept, the legal nature, the characteristic and the network environment the music work related content; Second chapter is about the influence of the network dissemination to music work copyright owner's right, mainly elaborates the questions, the puzzles and the disputes that because of the network dissemination brings for music work copyright, in this foundation, as well as introduces music work copyright's content in our country network environment; Third chapter is about the challenge of new technical utilization to music work copyright protection in the network environment, through the MP3 technology and the P2P technology and the multitudinous related case introduction, has pointed out music work copyright protection question because of new technical utilization in network environment; Fourth chapter is about the construction of music work copyright protection legal framework in network environment, analyzes the legal relief, the network collective administration copyright and technical measure these three aspects the proof, in which creatively has analyzed the illegal duplication behavior negative exterior nature, elaborates established the collective administration copyright system in the network environment is necessary, attempts to found a set of comprehensive, scientific, reasonable and effective protection legal framework for music work copyright in the network environment.