Research On The Protection Of Digital Music Copyright Under The New Media Environment

With the popularity of the Internet in the world and the rapid development of the Internet,the spread and download of music works become a new round of consumption hot spots.The development of new media technology makes the way of people utilizing music works more convenient and quick,but also impact the immanent music copyright protection system.Traditional music copyright protection system in the network environment appears to be somewhat inadequate.The copyright problems of music works caused by the new media has attracted more and more attention of the music industry,especially the management of digital copyright is the core part of the problem.If the law does not give its proper protection,it will directly hit the enthusiasm of the author to create music,to curb the power of music producers.This thesis focuses on the music copyright consciousness under the new media environment,based on the analysis of the core content of music copyright,the maintenance of music copyright,the final purpose is to seek for the music industry development road.This thesis includes five parts.The first part is the introduction,mainly introduces the research background,significance and research methods of the protection of digital music works under the new media environment,the innovation points of this thesis and the status of research at home and abroad,to pave the way for the following details.The second part expounds the general problem of digital music copyright under the new media environment from the aspect of theory,including the concept and characteristics of new media and digital music,and then through the analysis the differences in the protection conditions,the business model and the main body of industry,the content of the digital music copyright of the traditional media and new media environment,to clear the characteristics of protecting digital music copyright under the environment,lead to the main content will be discussed.The third part introduces the current station of digital music protection system abroad under the new media environment,including relevant international legislation and the establishment of the protection organization,the experience of protecting digital music copyright,such as Japan's collective management of copyright system,the statutory license system and music pay system of America,summarizes the experience and reference of protecting digital music copyright abroad.The fourth part is the key part of this thesis,combined with the hot spot in the third version of the "Copyright Law",to study the status quo and problems faced in protecting digital music copyright under the new media environment in our country.Growing problems under the new media environment,such as the "temporary copy" in copyright,the scope of network dissemination of information right needs to adjust;infringement subjects become more complex;current copyright infringement law cannot govern new tort;the range of "reasonable use" cannot be determined;there exists great difference about abolishing statutory license of phonograms.For all of the above problems,it should be targeted to develop and improve practical laws and regulations.The fifth part is the conclusion of this thesis,mainly on the improvement of the protection of digital music copyright under the new media environment.Based on foreign related regulations,combined with the practical problems of our country,put forward a digital music copyright protection legislation: defining tort liability(including the Internet content provider,Internet access providers,terminal consumers three party liability);introducing competition mechanism,improving the system of collective management music,explore the establishment of a payment mechanism.