This thesis examines the evolution of digital copyright protection in response to the digital challenges, specifically unauthorized file-sharing, in the context of the music industry. It reviews the different strategies used to fight the peer-to-peer technology and its users so as to assess whether the direction which has been taken is in agreement with the ultimate goal of copyright and with other fundamental values of our modern society. It posits that the effort to strengthen the rights of copyright holders and thus maintain an old system of distribution in the face of new technology not only runs afoul the expectations of the public but also prevents the artists and the public from fully taking advantage of the new opportunities of the digital era. This thesis ultimately suggests that policy makers tackling the digital copyright reform should seriously consider legitimizing the use of file-sharing services as a possible way to better achieve the goals of copyright.

This thesis examines the evolution of digital copyright protection in response to the digital challenges, specifically unauthorized file-sharing, in the context of the music industry. It reviews the different strategies used to fight the peer-to-peer technology and its users so as to assess whether the direction which has been taken is in agreement with the ultimate goal of copyright and with other fundamental values of our modern society. It posits that the effort to strengthen the rights of copyright holders and thus maintain an old system of distribution in the face of new technology not only runs afoul the expectations of the public but also prevents the artists and the public from fully taking advantage of the new opportunities of the digital era. This thesis ultimately suggests that policy makers tackling the digital copyright reform should seriously consider legitimizing the use of file-sharing services as a possible way to better achieve the goals of copyright.

Digitalisation and the internet have enabled ordinary individuals to make copies of copyrighted content easily, costlessly and with no degradation in terms of quality. While digital private copying is permitted in Europe under Article 5(2)(b) of Directive 2001/29/EC, it represents a major challenge to the interests of the copyright owners and a thorny issue in the context of digital copyright. Despite the fact that all EU Member States, with the exception of Ireland and the UK, have incorporated a statutory limitation for acts of private copying in their national statutes, there is legal uncertainty as to the scope of this limitation. To be permitted, the use of copyrighted content ought to be private and non-commercial; these concepts, however, do not translate well in the digital environment. For instance, one can only wonder whether facebook friends qualify as a private circle and whether downloading works for free from file-sharing networks is a non-commercial act. This thesis provides answers to these questions and determines the actual scope of the private copying limitation. Yet, perfectly lawful private uses of copyrighted content may have an aggregate impact on the interests of the rightholders in the digital environment, where these activities are more widespread. To deal with the digital impact of private copying, Directive 2001/29/EC sets forth a twofold approach; while private copying is premised on condition that the rightholders are compensated for the unauthorised uses of their works, at the same time, the application of technological protection measures is rigorously protected. We examine the efficacy of these approaches in dealing with digital private copying and their adequacy for policy reasons. This thesis concludes that, even though private copying is permissible under the set of conditions laid down by Article 5(2)(b) of Directive 2001/29/EC, its legitimate exercise is jeopardised in the digital environment due to the fact that this limitation is not mandatory. This means that the ability of end users to make private copies may be either technologically or contractually restricted. Yet, the private copying limitation is a manifestation of the fundamental right to privacy, which prevails over copyright enforcement. We therefore urge for an explicit declaration of the imperative status of the private copying limitation against technological or contractual constraints.

No / Much recent economic work on the music industry has been focused on the impact of technology on demand, with predictions being made of digital copyright infringement leading to the demise of the industry. In fact, there have always been profound cyclical swings in music media sales owing to the fact that music always has been, and continues to be, a discretionary purchase. This entertaining and accessible book offers an analysis of the production and consumption of music from a social economics approach. Locating music within the economic analysis of social behaviour, this books guides the reader through issues relating to production, supply, consumption and trends, wider considerations such as the international trade in music, and in particular through divisions of age, race and gender. Providing an engaging overview of this fascinating topic, this book will be of interest and relevance to students and scholars of cultural economics, management, musicology, cultural studies and those with an interest in the music industry more generally.

在知識經濟時代中，新的科技與新的市場，帶來許多機會與無可限量的發展潛力，隨著網際網路的興起，電腦與網路科技之發展，人們的學習方式也愈益多元，透過網際網路的傳遞，資訊科技的輔助有效克服了學習時間、空間上的限制，提升學習教材與學習者間的互動性，我們已進入一個數位學習的新環境。大學圖書館於數位學習環境中，將面臨數位資源整合與流通的新挑戰，也因此圖書館必需扮演數位資源的仲介者，以資源共享的理念，促進校園內部數位學習資源的共享與流通，以提升大學圖書館支援大學教學服務的角色。 本研究以服務導向架構，建構一個數位學習物件交換Web Services整合服務雛型系統。本研究於大學圖書館中，建置校園UDDI，並透過中介平台整合下列四點服務：(1)提供教師數位學習物件發佈與標準轉換與轉化的介面，以達到數位物件標準化、分享的目的；(2)使用者藉由雛型系統所提供的查詢介面，查得所需的數位學習物件；(3)透過授權申請，取得使用授權，並進行後續付費的動作；(4)可取得數位學習物件。 透過本系統的初步雛型規劃，呈現出未來大學的圖書館於數位學習物件交換須達成以下三種角色：(1)相關標準的推廣者；(2)提供適當的著作權保護；(3)服務流程之整合。

The thesis examines to what extent copyright holders can enforce the online reproduction and communication rights against online service providers in Egypt. The objective of the thesis is therefore to highlight that the existing Egyptian copyright law 2002/82 is insufficient to impose liability on internet service providers, both substantively and also with regards to enforcement. Various recommendations are thus made to improve the legislative framework in Egypt, all with a view of achieving that a fair balance is struck for all those parties, who/which are involved in digital communications, particularly online end users, so that their rights to online privacy and access to information are preserved. For this purpose, a comparative methodology has been adopted and recourse is made to US and European laws. This comparative approach is further complemented by a critical examination of existing deficiencies within the legislative liability regime for internet service providers in the US and Europe in order to ensure that foreign laws are not merely transplanted, but that the best and most suitable legislative framework is adopted by the Egyptian legislator.

著作權集體管理機制（Copyright Collective Management Mechanism），誕生已有數百年的歷史，國際間已經發展出相當成熟的運作機制，相較於我國自民國八十年起才開始有類似收費機制運作，發展經驗可說是相當地懸殊。而我國該機制之正式法制化—著作權仲介團體條例於民國八十六年十一月五日公布施行以來，十年間實務上爭議不斷，機制運作陷於巨大的危機。加以近年來我國推動數位內容產業，著作權授權議題更是攸關數位影音應用產業未來的發展，在在顯示我國著作權集體管理機制確有重新審視之必要。 於是自民國九十五年起在經濟部智慧財產局的主導下，開始召集各方進行對話，並藉此機會蒐集意見以推動著作權仲介團體條例的修法工程。除了國內的改革，國際間在過去十年來也開始對著作權集體管理機制的運作進行檢討，此乃由於數位時代的到來，著作權集體管理機制受到各種新興數位科技，諸如：網際網路、數位權利管理、點對點檔案分享等之巨大衝擊，此種態勢影響機制的保護、行使和管理的環境，使得國際著作權社群開始思考著作權集體管理機制應該如何因應數位環境所帶來的挑戰。 有鑑於此，本研究希望能夠立基於我國著作權集體管理機制的現況，以過去實務上及近日修法歷程中所遭遇的爭議問題為著眼點出發，回顧過去國際間著作權集體管理機制運作經驗，並探討近年國際間發展趨勢，以勾勒出我國機制未來藍圖。探討的重點包括：著作權集體管理機制的歷史與法律背景、意涵、功能與操作原則，以為我國機制擘畫運作之參考；著作權集體管理機制運作場域—我國著作權產業的發展現況；採納「利害關係人」觀點，釐清我國機制中的各方利害關係人為何、所追求的目標何在及互相的利益衝突，進而界定出各方利害關係人未來參與機制的適當形式；評析我國著作權集體管理相關法制的沿革、內容與修法；並針對國際間近年兩大發展趨勢：數位化及跨越疆界的著作權集體管理趨勢，先行探討有哪些新興的數位科技對著作權集體管理機制帶來衝擊，評估其影響與機制的新角色定位，其次討論跨越疆界趨勢：單一窗口、跨國界集體管理及其衍生的公平交易法課題。 最後回應本研究的研究問題，論述對我國實務現況之觀察、著作權集體管理法制總評、國際運作經驗及發展趨勢對我國的啟示，並且提出三大項建議：我國著作權集體管理團體現階段要務、政府的角色、對我國未來機制的幾點省思，是為本研究之結論與建議。 / Copyright Collective Management Mechanism has been established for centuries and developed maturely worldwide. However, it was not until 1991 that some similar collecting organizations started to operate in Taiwan. Compared with some countries around the world, the development experience is quite different. After the formal legalization—the enactment of the Copyright Intermediary Organizations Act on November 5 1997, there were lots of argues emerged in the aspect of law enforcement. Besides, Taiwan’s government has promoted the development of digital content industry in recent years. The issues concerning copyright licensing will have a big impact on the development of audio-visual application industry in the future. It is therefore, necessary to raise concerns and re-scrutinize Taiwan’s copyright collective management mechanism. Since 2006, Taiwan Intellectual Property Office (TIPO) has started to gather public opinion for revising the act. Except the revolution in Taiwan, people started to examine the exercise situation of copyright collective management internationally in last ten years. This is because the advent of digital technologies, such as: the Internet, digital rights management, peer-to-peer file sharing, has changed the environment surrounding the copyrighted works. International copyright societies started to think about how to deal with the challenges brought in digital era. This thesis aims to discuss some of these issues by exploring the current situation of Taiwan’s copyright collective management mechanism, the obstacles encountered in the past practice, the process of law revising, and the latest development trends worldwide. First of all, Chapter One is an Introduction to this thesis. Then Chapter Two discusses the historical and legal background, definition, functions, and operating guidelines of the mechanism for future reference when Taiwan intends to modify current mechanism. Chapter Three describes the developing situation of Taiwan’s copyright industries. Chapter Four adopts “Stakeholder Analysis” to clarify who are the stakeholders in Taiwan’s mechanism, their pursuing goals, and conflicts of interest between them. Chapter Five traces the developing process, content and revision in relation to Taiwan’s copyright collective management legislation. Chapter Six outlines the two latest development trends: digital and cross-border copyright collective management. At first, it analyzes the impact of new digital technologies and the new role of copyright collective management mechanism. Integration trends: one-stop-shop, cross-border collective management and antitrust concerns, are explored as well. At the end of this thesis, Chapter Seven, I propose three recommendations for Taiwan’s mechanism in the future: the urgent missions of Taiwan’s collective management organizations, the role of government, and the self-examination. It is my hope the recommendations contribute to the better resolution of existing and future challenges.