Study On Tort Liability Of Digital Music Copyright

As a new way of dissemination for works,Network is openness,unlimited copying and interactive features.And the spread mode of music has profoundly changed by the digital and network technology.Internet has become an important source of where people receive music. However,due to the digital and network technology features,the traditional system of copyright protection has been difficult to protect digital music copyright effective.And share the benefit between the copyright owner,disseminator and the user.So study about digital music copyright has both theoretical significance and real value.This article has use the way of refer literature and comparative analysis.Introduce theories about tort liability of digital music copyright and comparative analysis the legislation of our country and abroad.And then make proposals for protect the digital copyright music in the purpose to protect the digital music copyright in our country.Aim at digital music copyright,this article start form some concepts and then discourse the problem in fore parts. In the first part "Overview of digital music copyright",introduce some concepts about digital music copyright,then proposed the insufficient of our country.In the second part "Analysis about constitute of tort liability",analysis constitute of tort liability particular.Through analysis the type,the principle of accountability and constitute of tort liability point out different subject have different principle of accountability.In the third part "The deraignment of digital music copyright",analysis there type of deraignment of digital music copyright: Reasonable use defense,Implied license defense and Safe harbor defense.In the fourth part "The consummate about digital music copyright tort liability",from legislation and establish new system two part proposed the way improve our protect level about music copyright, define the subject of tort liability,clear the conditions of the deraignment of digital music copyright,improved the centralized management system and implement the compensation system.