Research On The Interests Balance Systems Of Copyright About Music Downloading

The development of Copyright Law is closely linked with technology progress, with theadvent of new technology; Copyright Law is also constantly adapted to change intechnology to adjust. Some scholars even believe that, in a sense, the copyright systemchanges history bears witness to the progress and development of science and technology.Throughout the history of the copyright system, although each time the emergence of newtechnologies will change the established pattern of interests under the existing institutionalframework, but the core issue of copyright system, that the interests of balance has beenrepeatedly urging people to rethink.Subject to the constraints of the core issues, the purpose of the copyright system is tocoordinate between the various subjects, is constantly changing complex conflicts ofinterest. In recent years, with the growing popularity of internet technology, on the onehand the technology makes it easier to get all kinds of work, but also the traditional theoryof the balance of interests to copyright law caused great shock. Overall, this paper beginswith the basic theory of the balance of interests to copyright law,analyzeing the varioustypes of challenges to the existing theory of the balance of interests to copyright law whendownloading the internet music,and exploring two different theory of the balance ofinterests to copyright law in overseas, combined with chinese national conditions related tothe final of the main measures proposed. Specifically, this paper has four chapters totally:Chapter One, making analysis about the main body of the balance of interests theory,detailed interpretation of the meaning of the theory, analysising the value of the theoreticalof the system, emphasizing balance the interests of all parties is the core issue of copyrightsystem.Chapter Two, music downloads as background, analyzing the impact of the copyrightholder, communicators and the public from music downloading, music downloading alsochallenges rational use of rational use system, legal lermission system and haven system.Chapter Three, this part overviews the latest theory of the balance of interests aboutmusic downloading in overseas, analyzing compensation systems and strikeouts systems.Chapter Four, this part bases on these studies, proposeing punitive damages should beintroduced, drawing noncommercial compensation system and other four recommendations,perfecting the Copyright Law in the new mechanism stakeholders music downloading.