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Collective Management Regulation Of Exclusive Licensing Of Digital Music Copyrights

Posted on:2023-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:C CaiFull Text:PDF
GTID:2555306833986419Subject:Law
Abstract/Summary:PDF Full Text Request
The exclusive license of digital music copyright is widely used in China,but this licensing method is easy to cause digital music copyright monopoly and it is difficult to balance the interests of all parties,and the relevant departments interview and punish this phenomenon,because this licensing method is not conducive to the dissemination and utilization of digital music,and effective measures should be taken to regulate.In contrast,the copyright collective management system is based on the principle of balance of interests and the principle of private autonomy,which can maintain the balance of interests of all parties,but because of its certain practical difficulties,the utilization rate in the field of digital music copyright is not high,and the copyright collective management system should be better adapted to the development of digital technology,give play to the advantages of the system and improve the shortcomings,so as to effectively regulate the exclusive licensing of digital music copyright.By analyzing the characteristics and drawbacks of exclusive licensing of digital music copyright,and combining the operation mode,theoretical basis and the necessity of balancing the interests of all parties in the collective copyright management system.However,at the same time,the copyright collective management system did not adapt well to the development of digital music copyright and the reform of digital technology,and through the study of the operation of the system in China and the combination of relevant laws and regulations,it was concluded that there are practical dilemmas in the collective management of digital music copyright in terms of organizational mode,licensing method and information system,which should be improved.In order to effectively regulate the exclusive licensing of digital music copyright,it is necessary to improve and refine the Regulations on the Collective Management of Copyright to adapt it to the changes in digital technology and the development of digital music copyright and the digital music market.First of all,the organizational model in the collective management of digital music copyright in China needs to be optimized,in order to adapt it to the digital music market,for the official monopoly of the organization,Article 24 of the Regulations on the Collective Management of Copyright should be amended and allow music industry entities to establish collective management organizations;by improving the provisions of Article 26 of the Regulations on the Collective Management of Copyright on the negotiation of licensing fees and establishing a one-stop licensing platform,the inefficiency of the dual rights system can be improved.Secondly,the flexibility of licensing methods in the collective management of digital music copyright in China is insufficient,and it can adapt to the development of digital music copyright by adding provisions on diversified licensing methods and setting up non-exclusive licensing methods.Finally,the transparency of the information system in the collective management of digital music copyright in China is not high,in order to adapt it to the changes in digital technology,the category of information inquiry system should be added to Article 24 of the Regulations on the Collective Management of Copyright and the function of the online licensing system should be improved.
Keywords/Search Tags:Collective management, Digital music copyright, Exclusive licensing, Licensing methods
PDF Full Text Request
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