Research On Copyright Protection Of Online MP3 Music

Internet is entering into people's life with an unprecedented speed and scope. The development of Internet has changed people's life style a lot. The features of Internet such as freedom and publicity also benefit the life of people. However, Internet is a double blade sword, which brings many new social problems, such as Internet tort including illegal copy. Recently, there have happened some cases upon Internet copyright tort at home and abroad, of which the Internet tort to musical composition is the most serious. The appearance of MP3 technology is a severe challenge to the protection of music copyright. This paper is based on the abovementioned background. Legally, the challenge of Internet to the traditional laws especially copyright laws is a new subject for legal professions. The research on copyright of online MP3 music can not only protect the legitimate rights of the online MP3 music copyright holder and public benefits, but enrich and improve the copyright laws.This paper consists of four sections. Section One starts with the legal definition of the online MP3 music, clarifies its legal characteristics and determines its nature through discussion of the related issues on online MP3 music copyright. Based on the analysis of copyright legal relations involved in online MP3 music (including clarification of copyright legal relations involved in online MP3 music, and discussion on the subject and content of copyright), Section Two analyzes the acts of the comparative parties to online MP3 music copyright including online service provider and individual Internet user. In Section Three, the author expatiates the necessity and feasibility of improving even introducing into related laws on copyright protection through comparison and analysis of the copyright systems and relevant cases in U.S.A., Japan, Germany and China. In view of the above research, Section Four gives some suggestions on the protection of online MP3 music copyright as follows: the protection of online MP3 music shall adopt various kinds of effective and reasonable method based on judicial protection under the law so as to vindicate the rights of copyright holder, and detail the copyright protection systems into 5 parts.