Copyright Protection Of Digital Music Works In China

Digital music works exist in digital format,are stored in digital media,and disseminated by the Internet and other media.The difference from traditional music works is mainly reflected in three aspects: network communication,ownership rules and digital technology storage.Under the background of the current digital era,the copyright protection of digital music works is facing many difficulties: copyright owners are vulnerable to infringement in the process of creation and dissemination of works;the existence of exclusive licensing mode is widespread,the industry competition of music platforms is frequent,and there is a risk of violation of obligations in the application of the sub-licensing mode;for digital The "temporary reproduction" and rational use of music works are constantly controversial,and the content authority is unclear,which still needs to be defined by law.The copyright collective management organization that adopts the legal monopoly model is facing defects in system construction and management,and fails to effectively safeguard the rights of relevant works of musicians;the works of relevant digital music works It is difficult to determine the subject of tort liability,and the determination of the value loss of the work is based on a single basis,which aggravates the disadvantage of the copyright owner of digital music works in safeguarding the legitimate rights and interests.In order to strengthen the copyright protection of digital music works,it is necessary to establish a unified,complete and efficient digital music works management system,balance the efficiency of digital technology dissemination with legal protection and fairness,and promote the standardization of digital music works,taking platform supervision and a unified work database as the starting point;Restrict exclusive licensing,strictly sublicense responsibilities and obligations,maintain a fair environment in the digital music market,and effectively protect digital music works;Improve the content of legislation,promote the clarification of "temporary copying" and fair use authority,and avoid infringement caused by unclear legal provisions;On the premise of learning from the experience of the collective management system outside the territory,abolish the statutory monopoly,implement the competition model,optimize the collective management system of copyright,and strengthen the responsibility of organizational supervision;Based on the principle of fault liability,strengthen the identification of infringing entities,restrict fair use,and comprehensively measure and determine the amount of compensation based on market value and the amount of losses lost by the infringed.