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伴随着互联网技术的快速发展与普及,私人复制音乐的行为越来越普遍,这导致损害音乐著作权人合法权益的问题日益凸显,有关私人复制音乐的问题备受关注。然而关于私人复制音乐的问题,我国的相关法条处于模糊地带,世界各国的相关法条也不尽相同,针对以上问题,对私人复制音乐限制的中外法条例进行实证分析与比较研究,并试图找出解决私人复制音乐问题的新途径,引入“三步检验法”以及著作权补偿金制度。
Accompanied by the rapid development and popularization of Internet technology, the behavior of private copying of music is becoming more and more common. This has caused the issue that harms the legitimate rights and interests of music copyright owners to become increasingly prominent. The issue of private copying of music has drawn much attention. However, with regard to private copying of music, the relevant laws and regulations of our country are in a vague area. The relevant laws and regulations in various countries in the world are also different. In view of the above problems, this paper conducts an empirical analysis and comparative study on Chinese and foreign laws and regulations restricting private copying of music. Find a new way to solve the problem of privately copied music, the introduction of “three-step test” and copyright compensation system.