Research On The Internet Music Copyright Infringement

In recent years, with the development of new digital technologies, the Internet music becomes widely available. At the same time, there are more and more Internet music copyright infringement happened. Because unlike the transmission mode of traditional music works, in the communication process Internet music works involve more widely legal subjects and more complex legal relations. This brings up the growing problems about the judgment of copyright infringement and tort liability, which bring a challenge to the traditional copyright law. After the study of the special network transmission mode, combining with the juridical practice and the relevant regulations in domestic and abroad, this article discusses relevant issues of the Internet music copyright infringement.Part I of the paper demonstrates the necessity of studying the Internet music copyright infringement firstly. On the one hand, by comparing with the traditional music copyright it finds particularity of Internet music transmission mode. On the other hand, according to the protection of Internet music copyright, it analyzes the issues we are facing today.PartⅡof the paper analyzes the components of Internet music copyright infringement. It mainly demonstrates behavior forms, behavior illegality of the obligation subjects and the identification of the subjective faults, and these include the Internet music users and the Internet provider.Part III of the paper discriminates the liability principle of Internet music copyright infringement. By examining the theories of fault liability principle and the principle of responsibility and the presumption of fault principle of no-fault liability,direct infringement and helping infringement and abetting infringement are classified and discussed.Part IV of the paper comment the related defense of Internet music copyright infringement.It separately discusses fair use system and the principle of technical neutral and the institution of "safe-harbor", and makes detail analysis to related problems, applicable methods and the legal effect of plea.