The Research Of Legal Protection On Musical Works Under The Network Environment

With the popularity of the Internet, It is called the forth media after newspaper radio television and other traditional forms of media. Its impact on economic culture and social life is further deepening. But at same time the networks also give the law a difficult problem. Because a large number of information disseminated on the networks are the object of protection of Copyright Law. It gives a strong impact on the Copyright Law. In this information, network music, through the open network, is rapidly becoming an alternative to the tradition musical consumption patterns and led to a substantial infringement. Therefore, the protection of Internet musical works is of more practical significance.The fundamental purpose of the copyright system is to encouraging and promoting the creative works. So that the public benefit in order to facilitate and promote the prosperity of the whole society and development. But〝Intellectual property right are a product of technological development, whenever a new technology development and progress, the Intellectual Property Law must be followed by change. Copyright protection is no exception.〞Therefore, when the technical conditions which the copyright system relied on has enormous change, the interests balance between music copyright holders, broadcasters and the pubic will be broken. The new interest conflict will be inevitable. On the hand, network music, as the object of copyright, has the exclusive. Through the pursuit of commercial exploitation, obligee will get the most exclusive economic interest. On the other hand because of the openness of the Internet age, the public tend to have the right to share, use and download music freely. Therefore, in order to better protect the Internet musical work, people need to coordinate the interest relationship between music copyright holders, broadcasters and the pubic.Compared with developed countries, these are obvious lag on the legal and technology protection of Internet musical work. We need to re-examine the traditional system of copyright laws and technical measures, learn from the advanced experience of foreign countries, and design corresponding rules.