| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 100 === In the past decade, the development and integration of digital technology and new telecommunication techniques have brought on the rapid popularization of the World Wide Web. Digital networks have transported men into an electronic era, where music and video clips, books, computer or gaming software and graphics uploaded by others may be downloaded, forwarded and edited in the blink of an eye, leading to copyright issues in reproduction and transmission. In the case of the music industry, facing developments in digital technology, the internet, and P2P software, unauthorized music files have been randomly distributed over the internet, not only causing immense trouble and impact upon music writers and market development, but has moreover become a legal issues that countries all over the world are battling with.
This study aimed to examine international laws that protect digital music copyright and developments in internet copyright violation liability laws concerning digital music copyright in Taiwan, in order to analyze the practice of copyright laws in Taiwan. It discussed cases regarding digital music copyright internet copyright violation both in Taiwan and overseas, in order to propose suggestions for improvement for future trends in copyright law amendment in Taiwan. Two research methods were employed, which were literature review and court ruling assessment. Cases of foreign legislation and the practice of Taiwanese laws were analyzed according to theoretical discussion, data comparison, and actual practice. Issues and questions regarding current copyright laws in Taiwan were raised for the reference of relevant policy-making administrative units.
The findings are as follows: 1) court rulings regarding domestic cases in digital music copyright internet violation already incorporate theoretical backgrounds in international laws and foreign rulings; 2) amendment of copyright laws are often discussions and regulations on issues that have already occurred; 3) incompatibility of traditional reasonable usage regulations in the digital network context. Three suggestions are proposed: 1) special laws regarding digital music copyright should be legislated in the future; 2) current copyright laws should include a chapter dedicated to digital music; 3) copyright laws should aid in the balanced development of technological advancement.
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