網際網路的發達產生許多新的商業模式，線上音樂的興起即是一例，面對紛擾不斷的線上音樂交換，各國因應態度不一，如何兼顧科技發展及保護著作人權益儼然已成重要議題。著作權補償金制度精神在於補償著作權人在利用人合理使用下做遭受經濟上的損失，目前尚無國家對線上音樂交換業者收取補償金，本研究即欲探討補償金之徵收是否能有助於解決線上音樂之爭議、我國著作權法五十條之一修正案是否具可行空間，及線上音樂交換爭議各關係人在補償金制度中能扮演的角色為何。
本研究以次級資料分析之方式，針對補償金、強制授權、概括授權等制度進行探討，並深度訪談施行補償金制度之各關係人意見，研究結果發現補償金制度應用於線上音樂交換確有其空間，亦可有效彌補著作權人之損失，且有助於線上音樂交換業者與著作權人進行理性之談判。線上音樂交換業者亦可提供其科技能力，協助補償金制度施行，仲介團體雖已有徵收及分配權利金之經驗，但在補償金制度施行前仍應做好妥善之準備，俾使補償金制度有效運作。 / There have been great legal debates over the legitimacy of digital music distribution channels such as peer-to-peer file exchange system. Music industries insist that any unauthorized replication of music is illegal, whereas service providers thinks that technology is neutral and should not bear any responsibilities about the contents transferred through the platform it provides. Courts around the world have different opinions on the issue, and no viable solution has been found as yet.
Levy systems for copyright has been around for several decades, which recognizes the difficulty of authors (or owners) of copyright to enforce it. Levies will be collected for a host of different sources include blank media, recording devices and so on, which means sale of digital devices such and digital music players/recorders, maybe even the Internet access service or personal computers are subjects to levy collection. Government agencies in Europe, Japan and Canada has long been dealing with such issues and have their levy systems well established, which seems to be a viable solution for the digital music debates.
The history of levy system and the implementation in different countries were surveyed in this thesis, and in-depth interviews were conducted to examined the opinions of different parties (regarding the dispute over digital music distribution) by. It is found that a well-designed levy system could ease the tension between music and technology industry, therefore facilitate talks between them in search for a solution based on mutual interests. Another interesting finding is that the attitude toward peer-to-peer service provider is quite different between music industry and musicians. Distinction must be made between music industry and individual musicians if one intend to study the resolution of disputes in digital music distribution.
| Identifer | oai:union.ndltd.org:CHENGCHI/G0913530381 |
| Creators | 陳慧鄉, Chen, Hui-Hsiang |
| Publisher | 國立政治大學 |
| Source Sets | National Chengchi University Libraries |
| Language | 中文 |
| Detected Language | English |
| Type | text |
| Rights | Copyright © nccu library on behalf of the copyright holders |
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