A STUDY OF MUSICAL WORK INFRINGEMENT IN THE DIGITAL AGE

• Main Authors: LIU YU TING, 劉昱廷
• Other Authors: 王偉霖
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/37857867294954333817

碩士 === 逢甲大學 === 財經法律研究所 === 101 === Compared the other kind of copyright works with musical work ,musical work has greater liquidity than others .Musical work would be stored and used by digitized form with the digital technologies developing ,it increased musical work’s using frequency .Even if the digital technology brought the new benefit to the copyright holder ,but it also made more infringements of musical work arisen and fathered more controversy of infringement .This thesis would like to research musical works infringement controversy in the development of digital technology , including digital sampling behavior and musical pirate behavior . Continuation of the music plagiarism controversy in historic, digital sampling controversy was generated since the development of digital technology, digital sampling original as experimental behavior, and gradually developed into a new creative way to create music, and gradually became an important creative way in pop music of America, because most of the digital sampling borrow other people&;#39;s musical works to a new creation, this creative way generated some copyright infringement dispute, after the copyright holder filed several lawsuit to digital sampler, the behavior of the digital sampling has been limited. However, some of America court’s judgments also recognized digital sampling can constitutes fair use. With the development of digital technology, reproduce musical works spent less cost and time, along with the popularity of the Internet, the currency of musical work became faster, thus Reproduction and Public Transport rights of copyright holders in the digital age encounter more infringement, musical works piracy has become a thorny issue. As the biggest copyright holder, those transnational Audio and Video Group, filed large scale lawsuit against the musical works direct infringer, or filed lawsuit on the control of musical works flow on the Internet Service Providers , but the result of the litigations with the Internet Service Provider did not achieve copyright holders expected result, thus in recent years they turned to proposed bill to amend the internal existing copyright law and also developed international trade agreements attempt to strengthen the law enforcement of music copyright piracy, and imposed Internet Service Provider more strict monitoring obligations. With the digital technology continues to progress today, copyright holders and musical works piracy war will be more intense than ever. Key word：Digital Technology, Musical Work Infringement, Digital Sampling,Music Work Piracy