Research On The New Challenges And Perfect Paths Of Music Copyright Protection In China In The Cloud Age

With the advent of the "Internet+" era of cloud computing as the representative of the new network service delivery model is affecting the development of China’s music industry, changing network environment copyrighted works. Internet users as one of the largest user groups, music copyright works should influence the music industry’s business model, to protect copyright works by many new challenges in the new technological conditions, the current copyright regime to implement problematic.Music works as a special kind of work, having acquired due to their own convenience, flexibility of use, the use of the body and the broad range of features, the exclusive rights of the rights holders are more vulnerable. New data storage means, access to resources, a wide path status quo, distributed data operation system licensing model is imperfect without serious illegal distribution authorization, copyright protection greater difficulty. Cloud computing era with the background, network users can free access to copyrighted works, "cloud" technology particularity vulnerable to malicious use by unscrupulous infringer, severe network security issues, exacerbated by the music copyright protection urgency.At present, China for online music copyright protection is mainly rely on the Copyright Law, collective management of copyright in musical works for unified network license to use. The new data carrier mode allows many actors on the nature of traditional copyright law fuzzy, tort and unclear boundaries of fair use under certain circumstances, need to be clear in the legislation, China’s "Copyright Law" is the third revision with such a system design needs. "Copyright Law (Revised draft)" is the basis of the draft experienced three widely discussed over the development of the system corresponding to the needs of music copyright system defects and music industries and business models change, with strong characteristics of the times, for country music copyright system improvement is significant, but limited by China’s specific national conditions, continue to be challenged a lot of music industry body.Study on online music copyright, copyright protection of foreign countries have relatively mature thinking legislation and institution building, judicial practice also limit the right to have a clear understanding. By contrast, China’s copyright system mostly for legal migration, the lack of mature and institutional basis for the economic operation in our country basis, has inherent distress. While the latter because of the lack of intellectual property value guidance and cultural influence, the importance of property rights protection is clearly insufficient.2015 years to catch up with the ending of "Jian Wang action" National Copyright Administration, the State through the online music copyright and ordered the rectification of the environment, combating illegal dissemination for the public to listen to downloaded unauthorized network service provider, has achieved remarkable results, as our copyright reform has laid a good start. The United States is the world’s intellectual property protection power, system design is relatively mature and perfect, in the history of several experienced by the industry to promote the development of the copyright system in transition, can provide a wealth of experience to draw on institutional development in China. Carding United States copyright law and the jurisprudence of the classic American copyright system specific content, the author summarizes the United States copyright law for Chinese music copyright system with reference to the specific design of the system. Through historical analysis, comparison of the text, put forward a set of address the plight of the United States as a warning system to deal with China’s Internet music copyright protection to new challenges specific path.This article consists of four chapters:Chapter cloud era music network copyright system basic theory, this chapter using historical analysis, text analysis and other methods, the first network of related concepts define copyright system, the definition of "Network Music" is controversial, the author of this concept to define, is out of paper demonstrate the accuracy of the considerations. By defining the analysis, the authors come to the special requirements of network analysis musical works protected. Next, the authors investigated the network through the history of music copyright system of the system, the United States, institutional change, for example, sorting out the system revelation successful transition. In contrast to this performance, the Chinese online music copyright under the impact of cloud computing technology, implementation of the system showing stretched situation, new challenges so that the second chapter of the cloud network era of musical works protected by copyright faced a chapter, in view of the rules on the piracy crisis management and internal conflicts of interest for the music industry in four areas proved all difficulties and inadequate institutional. International trend of copyright protection has been widely recognized by scholars, and before our copyright system designed mainly to legal migration through feasibility analysis, I chose the US copyright system to sort out research, in the third chapter of cloud network era of American music copyright jurisprudence. US copyright protection system developed as a national case law, referee typical case study of the construction of our system is not a small reference. US study the end result is the ongoing development and improvement of China’s online music copyright system. Therefore, this chapter is to improve the cloud era of online music copyright system. The author for problems and new challenges of online music copyright protection institutional, put forward two major aspects of the reform path. One is to strengthen the institutional level legislative, judicial and law enforcement and correction, conform to industry development, improve the rights of configuration and licensing model; the other is to strengthen the rights and the public’s awareness of copyright on the level of ideology; the third is in artifacts level security technology continues to upgrade the technical level, from the source to protect works from piracy damage.