The Construction Of The Statutory License Institution Of Digital Music From The Perspective Of Principle Of Balance Of Interests

The digitalization of musical works is the product of technological innovation,which has a profound impact on the creation,dissemination and acquisition of musical works.In 2015,the National Copyright Administration issued the notice on ordering online music service providers to stop unauthorized dissemination of music works,which effectively curbed the phenomenon of online dissemination of infringing works,and the digital music industry began to develop rapidly in China.However,the copyright war between music platforms for exclusive license of digital music also started,and the cost of copyright license rose sharply.In order to meet the demand of music consumption,consumers had to use multiple music software,and the rising cost of copyright license was ultimately transferred to consumers.The goal of copyright law is to balance the interests of creators,communicators,consumers and other parties.However,there is a contradiction between the expansion of copyright rights caused by music digitalization and the public access to works,and the interests of all parties under the current system have been out of balance.This paper first expounds the current situation of digital music industry and the contradictions caused by the exclusive license of digital music,then introduces the principle of interest balance,analyzes the reasonableness of restricting the exclusive license of digital music,next analyzes the principle of interest balance within the statutory license institution,and draws the conclusion that digital music industry can also build the statutory license institution,and finally some suggestions are put forward for the construction of statutory license institution of digital music.The main body of this paper is divided into four chapters.The first chapter describes the current situation of digital music industry in China,and presents the contradictions brought by the exclusive license of digital music.Among them,the first section describes the characteristics of the development of digital music industry in China through the elaboration of relevant data and phenomena;the second section analyzes the links and status of the current digital music platform in the industry;the third section analyzes the existing problems.In the second chapter,by introducing the theory of interest balance,the author analyzes why the exclusive license of digital music should be restricted.The first section analyzes the problem of Interest Imbalance under the exclusive license of digital music.The second section briefly explains the concept of the principle of interest balance and the rationality of following the principle of interest balance under the intellectual property system.The third section analyzes the rationality of restricting the exclusive license of digital music from the perspective of interest balance.The third chapter analyzes the interest balance function of the statutory license institution of recording products,and proposes that a new statutory license institution can be constructed according to its logic,so as to limit the interest imbalance caused by exclusive license.The first section analyzes the role of the legal licensing institution,and concludes that the legal licensing institution has the role of achieving the balance of interests.The second section refutes the view of negating the statutory license institution,and concludes that the statutory license institution will not affect the creative enthusiasm,nor limit the rights excessively,so as to deduce the legitimacy of the statutory license institution.The third section compares the limitation of copyright by the statutory license institution in the traditional record era with the limitation of exclusive license in the digital music era,and concludes that in order to achieve the balance of interests in the digital music era,we should build a new statutory license institution of digital music based on the statutory license institution of recording productsThe forth chapter puts forward suggestions on the construction of statutory license institution of digital music from the perspective of interest balance.The first section discusses the scope of application of the statutory license institution of digital music.The second section discusses the statutory license exclusion period.The third section discusses the license fee of statutory license.The fourth section is the statutory license fee payment period.The fifth section is to establish a perfect works information database as a supporting measure for the legal licensing institution of digital music.