| Chinese Ministry of Culture issued a "Ministry of Culture on strengthening and improving the content of the online music review of the notice" (hereinafter referred to as "Notice") on September 3,2009. The Notice urges all Internet music business units standardize their conduct of operations, and the establishment of specialized departments to review the legality of music content. "Direct links to provide music approach" is defined as the online music management. When explained that the "Notice", Tuo Zuhai, deputy director of the Ministry of Culture said:"Network music search results should be reviewed through the Ministry of Culture before they were sent to users. Online music search engine May not provide illegal products from illegal units. The "Notice" and Tuo Zuhai's interpretation triggered people's attention to the major music search engines in China. What business modelland copyright policy Chinese music search engines such as Baidu mp3 and Sogou became a hot issue of discussion. In fact, Chinese music search engine service is Legitimate or not has long been a topic of dispute-argument. Music search engines got their web site traffic and advertising revenue through free search service and supporting for free music downloads. However, these network service providers were not responsible for the legality of the music source. Such business model infringed content providers'copyright or not is the focus of the dispute-argument.Baidu mp3 can be said to be an early adopter to take the supporting download for free model. It has not fundamentally changed since the end of 2002.And complete its early market accumulation in the Chinese search engine market with such a business model. Baidu has dominated in Chinese market so many years, which ascribed to its mp3 service. However, the unique market position of Baidu mp3 was accompanied with its difficulty in getting rid of copyright disputes. Large number of copyright owners such as record companies, digital music sites, independent musicians, etc, domestic and international copyright management institutions such as the International Federation of Phonographic Industry (IFPI) and China Music Copyright Association firmly believe that Baidu has infringed their copyright by providing free music links. They were committed to the use of legal weapons to safeguard their own legitimate rights and interests though they failured on many occasions. Copyright owners failed for many reasons. In order to promote the development of the emerging Internet industry, Chinese government provided it with a preference for protective measures. In addition, copyright law in China and in the world is not perfect. However, it is certain that the intensity of copyright protection is increasing and people will more and more respect for the rights of creators. It will be the general trend.The basic principle, the search method and the profit model of Baidu mp3 led to its infringement risks. Through analysis of the above causes, this paper will find out the only way to help our "national brand" search engine out of the copyright dispute. And I hope it can provide some inspiration to other music search engines in China.
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