Research On The Copyright Of Digital Music Works

With the popularity of the Internet,digital music develops day by day.Digital music works spread fast and they are easy to carry so the consumers are favored by these characteristics.The public benefit from the widely disseminated digital music works.At the same time,it seriously weakens the abilities of owner to control and benefit about digital music works.Although the digital technology enhances the spread of music works,the existing legislation produces a certain impact and breakthrough because of the particularity of digital music works.Therefore,it is necessary to improve legislation about the copyright protection of digital music works.The breakthroughs in the work of digital music works mainly focus on the right of reproduction and the right of information network communication.China should moderately expand and restrict the right of reproduction and the right of information network communication.For the right of reproduction,China should learn from the‘confinement and confinement’ model applied by the United States and the EU.Meanwhile,China should incorporate the temporary reproduction into the protection category of the right of reproduction and combine it from the behavior of the temporary reproduction and the subject to determine whether the temporary copy constitutes infringement of digital music works copyright owner in judicial practice.For the right of information network communication which itself is the power expansion of copyright in the digital age but we should exclude the specific public point-to-point communication in the application and we should also limit the acquisition of digital music works’ specific time and space so as to achieve the balance between the interests of many parties.The particularity of digital music works has a certain breakthrough in the infringement.The infringement is no longer limited to direct infringement and more is the indirect infringement as the main form but our legislation does not have a clear indirect infringement system.In order to allow the legitimate interests of digital music writers to be effectively protected,we should establish a perfect system of indirect infringement.In the judicial practice,the infringement of different subject is also different.For the network content service provider’s infringement should apply the principle of fault presumption.For the network access service provider’s infringementshould apply the principle of fault.For the network terminal consumer behavior,most of them are reasonable use of the scope.For some of the involved infringement should take the principle of fault to identify.As a result of the emergence of the Internet,digital reproduction of digital music works makes the boundaries of fair use become blurred.In order to balance the digital music works between the interests of copyright owners and the public better.The legislation should be ‘three-step test’ and rise to the law to place in the copyright law of the right to restrict the system.And ‘personal appreciation’ should be excluded from the case of reasonable use of private reproduction.Meanwhile,it combines with China’s legislative environment and introduces copyright compensation system appropriately which cares for the interests of many parties.Digital music works network service provider is the main reason of the avoidance for the principle of safe haven but our introduction of the principle of safe haven is more general.It is not easy to operate so that the principle of safe haven in our country appears the phenomenon of acclimatized.China’s legislation should stipulate that the burden of proof is borne by the right holder and that clear the legal effect of the notice.Only the reasonable notice is legal validity but the unqualified notice is regarded as not notified and the ‘safe haven registration’ mechanism should be established.The specify acceptance of infringement notice of the organization registers detailed information online and it promotes the effective operation of the principle of safe haven.In addition,economic interests should be extended to indirect interest which is implied to infringing works so it can build a complete the protection system of digital music works.