Research On The Legal Protection Of The Right Of Dissemination Via Networks In Digital Music

With the rapid development of digital technology and the spread of the spread of the Internet,the application of digital music has become increasingly widespread.Infringement of the copyright of digital music works on the Internet has become more frequent and complicated.Because the communication mode is different from traditional music works,digital music works involve a wider range of subjects and more complex legal relationships in their dissemination process.The problems of infringement and tort liability caused by digital music works pose a challenge to traditional copyright law.Under the context of the Tort Liability Act,the protection of the right of network broadcasting of digital music works is the core of this article.Around this core,this article is divided into the following three parts:The first part analyzes the status quo and problems of digital music works network protection right protection.First,the form of infringement is complex and diverse.The current legislation lacks the identification and adjustment of the behavior of webcasting and dissemination of digital music works on the platform of self-media;second,the definition of the main body of digital music works network service providers is not clear;the third is infringement.The criteria for determination are different,which leads to the inadaptability of the "safe haven" rule in the protection of digital music works,and the courts in the recognition of "deep link" behavior,due to different standards,there have been many cases of "different judgments in the same case";Due to the ambiguous compensation standards and the low amount of compensation,more and more copyright owners have waived their lawsuits.The infringers are more likely to escape the responsibility and the infringement costs are lower.The second part first classifies the behavior of different tort liability parties,and then analyzes their respective tort liability forms.First,the type of infringement of network service providers and network users is divided into direct infringement,help infringement,and abusive infringement.Secondly,summed up the specific infringement cases of network users and digital music network service providers:the network users must download through the legal channels,cancel the“personal appreciation”as the reason for rational use,but the temporary copying in the audition should belong to the reasonable use.Scope;User uploading and sharing music works without permission is a direct infringement;whether the provision of content as a standard,clearly define the concept of the responsibility of the network service provider,and its corresponding obligations.Digital music works The network technology service provider's infringement mainly includes "notice-not-delete",providing technical convenience for illegal uploading of works by network users,bypassing technical measures to change music content and transmission channels,and the behavior of online users or network information clearly constitutes infringement When it comes to taking preventive or control measures.Digital music works The network content service provider's infringement mainly includes the playback of unauthorized digital music works in live broadcasting(more than a reasonable period of time),the time-repeated playback of unauthorized digital albums or songs,and the marking of unlicensed works on cloud disks.P2P service providers provide substantial assistance and promotion for infringing music works uploaded by users on the Internet,and set up "deep links".The third part distinguishes between the principle of imputation under different forms of infringement,direct infringement of online users and direct infringement or help of digital music works by network service providers,teaching of infiingement are all fault liability,setting up in-depth link behavior,participating in the editing of the music list.The service provider must assume fault presumption.The form of fault of“ought to know”includes“intentional”and“negligent",and“negligence”refers to a violation of the duty of care,while the duty of care requires distinguishing the result of the foreseen obligation and the result of harm avoidance.The fourth part analyzes the liability type of the infringement subject of digital music works and the form of tort liability.Network users directly infringe on their own responsibility for the final responsibility;when network users and digital music network service providers jointly infringe,the two undertake joint responsibility.The function of the "notify-delete" rule,which is an important part of the "safe harbor"rule,is to determine the subjective status of the network service provider when it is infringing,rather than to exempt it from the tort liability it has constituted.The usual fault is "notify-not-delete."The fifth part is to further improve the right to spread information networks of digital music works from specific measures and specifications.Identify the infringement standards under the "deep link",and uniformly infringe the standards for the identification of digital music works on the right of network communication;optimize the rules of compensation for infringement damages,and define the scope of the rights of information network communication rights,with a view to constructing a legal system for legal payment downloads.