本篇paper代写- Copyright protection of digital music讨论了数字音乐版权的保护问题。随着互联网的兴起,一种新的音乐传输方式出现,即数字音乐。但是,数字音乐尤其是网络音乐在带给用户实惠的娱乐享受的同时,也面临着种种的问题,其中最为突出的就是版权问题。网络音乐很容易被复制和传播,从而导致盗版的泛滥。因此,在数字音乐发展的过程中,非法下载的问题非常严重。本篇paper代写由51due代写平台整理,供大家参考阅读。
With the rise of the Internet, a new music transmission mode, that is, the digital music. The digital music is divided into online music and mobile music. The former mainly refers to music in the formats of mp3 and wma which are listened to and downloaded online. The latter mainly refers to mobile phone ringtones, color bells and other music forms. The digital music reduces the intermediate link of the music industry chain and reduces marketing and communication costs. It has more convenient communication and storage effect, can guarantee music quality based on real-time transmission, and has certain environmental protection functions.
Since the 21st century, music has presented a good development trend and become the main development direction of music industry. According to the ifpi, "global digital music sales reached $4.3 billion in 2009, up $363 million from the previous year, or 9.2 percent, and more than 10 times the value of the 2004 digital market. Digital music now accounts for 25.3 per cent of revenues for record labels worldwide. In the us, the number music accounts for 43 per cent of sales, almost half. Figures from IFPT show double-digit growth in music in more than 30 countries, with 17 markets growing by more than 40 per cent -- including Argentina, Australia, Austria, Denmark, Finland, Singapore, Switzerland and the UK. More than a quarter of the world's music industry's revenue comes from digital music. Integrated the author in 2009 in Beijing, Harbin, shenyang, nanning and other cities of field survey and 2010 "Chinese pop music present situation and development of online survey analysis, the traditional CD has gradually alternative for digital music, digital music rising proportion of online radio, free downloads of two kinds of digital music application form has been widely used and recognized.
However, while digital music, especially online music, brings users affordable entertainment, it also faces various problems, among which the most prominent one is copyright. Compared with the industrial structure of the traditional music market, the digital music joined the "network" as the carrier in the distribution channel of music products, which changed the original industrial chain as a whole. Music operators have become an important role in the industrial chain, which is not available in the traditional music industry. The transmission medium and distribution mode of digital music have undergone a revolutionary change, and the channel presents a unique feature. The sales of music can create a song and promote a song without a lot of marketing costs, and soon some people will listen to it or buy it. Music has enabled the contemporary and future music creators and consumers to fundamentally eliminate the dependence of music on music commodity physical carriers in record communication and other forms of communication, which makes music easy to be copied and spread, thus leading to rampant piracy. Therefore, in the development of digital music, there has been a strong dissonance, that is, illegal download.
For a long time, the illegal download digital music copyright piracy become countries all over the world such as management of a patient, the national copyright administration and related management organizations are actively research countermeasures, including South Korea and France has issued a new law to fight piracy in 2009, New Zealand and Britain also have a new law was passed. Governments are beginning to control the spread of piracy through Internet providers.
In China, the illegal music download or music download links provided by many Internet websites are shocking. According to media reports or statistics from relevant departments, China's digital music is losing at least tens of billions of yuan a year due to piracy. At present, the so-called music download on several popular P2P websites in China is basically an illegal service without the authorization of the right holder. It can be imagined that the audio and video industry, including digital music, will inevitably weaken the creative enthusiasm of the practitioners and bring serious harm to the entire industry if there is no copyright protection as the basis. In this sense, copyright protection is a basic prerequisite for the healthy development of digital music industry.
For a long time, music copyright, especially digital music copyright, has not been effectively protected because there is no clear and specific legal guarantee. The constitution in our country "general principles of the civil law", "copyright law of the People's Republic of China and other laws, although there are provisions on copyright, the supreme people's court and the supreme people's procuratorate have opinions about copyright, approval, the administrative legal norms about the copyright of instructions, resolution, and approved by the top legislature of China in international protection on copyright concluded by treaties and agreements, but these are not just the duties of a specific provision and management of the division, leading to regulators lack of legislation basis, often is in a state of fuzzy regulation. In Britain, the United States and other western countries, legislation should distinct power and responsibility is to ensure the implementation of the copyright protection, such as in 2010 the English parliament passed the digital economy act, allowing copyright owners request for illegal download user piracy "warning a broken network" punishment, also rules in addition to the copyright owner, the government has the right to block the piracy and illegal downloading of web users, this undoubtedly provides legal protection for the digital age British copyright. Thus it can be seen that the basis of legislation and supervision guarantee is the prerequisite of copyright protection.
In order to effectively protect their intellectual property rights on the Internet, copyright owners should not only focus on the infringement behaviors of P2P technology companies and end users of P2P software, but also actively use technological protection measures to protect their legitimate copyright rights and interests. Warner music RIAAV co., LTD. In 1999, after NAPSTER, please in popular media is in a leading position in technology RealNetwork software company to design a set of feasible and effective to download system, makes the United States and Canada from warner bros. Internet users can specify the zero generation dealers buy online songs online, all recognised by the recording industry several popular broadcast formats, are included in this download system. In May 2000, Real Networks and IBM also announced that they would work together to develop a technology that could safely send music files over the Internet. The playback technology would serve as a component of IBM's electronic music management system and allow IBM to fully encrypt its players. The EMMS has security technology, including encryption and digital watermarking, that can be used by record companies to control the number of copies of digital music files to combat the widespread piracy of music on the Internet. In addition, Microsoft has put a beta version of Windows Media Technologies4.0 on its web site, which allows Internet users to download and play music files while preventing piracy. These new technologies are actively working to ensure that digital music files cannot be copied without authorization.
Developed in recent years, some features are more flexible and more intelligent technical measures, are often referred to as "digital rights management system", the digital rights management system of digital music files can be encrypted, music of encrypted files can free transfer or sharing in the network, but be open to listen to or watch, you have to buy copyright owner password. Another system can embed a lot of copyright information in digital files, so that no matter how the original digital file is further copied or transmitted, the digital watermark information can not be deleted, and the copyright owner can find the relevant infringer through the digital watermark.
In fact, the development of music in recent years has been in the struggle between old copyright and new technology. In the future, the cooperation between new copyright and new technology is a major development direction of copyright protection, and only new breakthroughs can break the deadlock.
The purpose of copyright law is to promote the development and prosperity of social culture by protecting the copyright owners so as to encourage more people to create. To protect the interests of the copyright owner is the most direct approach to ensure that it can obtain economic benefits, therefore, the key to copyright law norms is not a negative gives the copyright owner a right to eliminate or prohibit others to use, but should actively for copyright owners and users to establish a set of perfect payment mechanism, make the copyright owner gets its due reward, also can make the social public to pay after the easy to use and contact with other people, to create a win-win situation. In order to ensure the interests of the copyright owner, some countries are allow individuals to use, copy, reasonable and lawful a work created by others at the same time, tend to require users to pay a certain fee or compensation for the copyright owner, such as Japan's "copyright law" in paragraph 1 of article 30 for the purpose of personal use, but with the specific digital audio/video equipment, should pay copyright owner quite amount of compensation; Article 54 of the German copyright law requires that the manufacturer of audio and video equipment and storage for private use must pay an appropriate remuneration to the copyright owner; Article 1003 of the us copyright law stipulates that anyone who imports, manufactures or distributes audio recording equipment shall pay a considerable amount of royalties to the copyright owner. China established the first collective management organization, the China music copyright association in 1992. However, due to the absence of relevant laws, the role of the association is extremely limited. In order to meet the requirements of the Internet era, China should draw lessons from international laws and advanced technological achievements, establish a payment mechanism in line with China's national conditions, and give consideration to the interests of copyright owners and users.
The number music cannot leave network this platform. At present, the failure of the overall moral norms in the network society is one of the reasons leading to the continuous copyright infringement of digital music. The network is a free communication carrier, the main body of the network is the netizen, the netizen has a lot of autonomy on the net. Therefore, the construction of network morality emphasizes autonomy, autonomy and self - education. Moral basically is to play to the self-discipline, especially network morality, to do this, will be based on moral principles advocated by the society, ethics, morality, and various values and value standard, adopt many kinds of ways and methods, to improve the cognitive level of Internet users, and make its own inner value judgment, the relationship between good and evil and code of conduct, form the moral habits. At present, the Chinese public's awareness of intellectual property rights is still relatively weak, and most of the public are quite unfamiliar with the copyright of lyrics and music. In fact, the experience from abroad, as long as the social public copyright education, public awareness of copyright will gradually strengthen, will gradually form the social psychology of respect for copyright, thus more and more people will automatically refused to piracy and illegal downloads, the support legal digital music service, in this regard, the industry, the media have a responsibility and obligation to strengthen the propaganda, education and guidance to the public. If everyone can realize the full social responsibility of the copyright protection of digital music and avoid it in the network behavior, the copyright protection of digital bmusic will have a breakthrough.
In a word, the development of digital music industry also depends largely on the improvement of legal supervision, the restriction of new technology, the guarantee of payment system and the improvement of users' copyright awareness. With the maturity of market conditions and the enhancement of people's copyright awareness, the whole industrial chain of digital music will develop rapidly in a healthy direction.
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