Research On Copyright Protection Of Digital Music Works

The Internet has changed the traditional route of transmission and storage form ofmusic works and given rise to the birth of digital music works, which is a revolution in thefield of art. However, the use of new technology makes the protection of copyright in digitalmusic works face new difficulties. It has significant benefits to study the characteristics ofthe new infringement behavior and to develop practical laws and regulations, for theprotection legitimate rights and interests of digital music copyright owners.Digital music works, compared with traditional music works, has its unique legalrelationship. Studying how to protect the copyright of digital music work not only has aprofound theoretical significance, but also has extensive practical values. Balancing theprivate interests and social public interests of the copyright owner is the aim of thecopyright law. Mature copyright legislation can also help develop a healthy and orderlynetwork environment for the music industry and build good external conditions for benignmusic industry ecosystem.However, compared with the traditional music works, the legal relationship of digitalmusic works changes greatly. Problems like: stuck right to exercise the copyright,imperfect existing management system, unclear tort subject, uncertain tort liability,various justifications are all obstacles in copyright protection. It’s quite urgent to make upfor the original "copyright law" and to improve copyright related laws under the newsituation.In this paper, on the basis of drawing lessons from foreign related regulations, suchas the France’s technical measures in copyright law, Japan’s system of collectivemanagement system and the rational use of the United States, and combining the actualconditions of our country, the author puts forward legislative proposals for copyrightprotection of digital music work: define tort liability (including the liability of web contentservice providers, Internet access service providers and terminal consumers tripartite);introduce competition mechanism to strengthen the regulation of collective management organization, and improve the system of collective administration of copyright; perfectthe defense related regulations; strengthen the technical measures; set up themechanism of charge, and so on.We believe that through the technical and legal measures, a set of practical andfeasible system of protecting the copyright of digital music works will surely be made andthat the legitimate rights and interests of the copyright owner can be protected.