Anti-monopoly On Control Of Copyright Licensing Under The Lock-in Effect

The copyright system mainly revolves around the acquisition,utilization and maintenance of copyright.Copyright licensing is one of the main ways of copyright utilization.Works with the aid of licensing not only meet the needs of the market,but also promote the effective realization of the value of the works.Copyright is a kind of monopoly right,which has natural exclusiveness.The lock-in effect contributes to the exclusivity of copyright and caters to the demand of the copyright owner for pursuing the maximum profit.But it will lead to the monopoly of the copyright market.This affects the licensing efficiency and efficiency of copyright.The analysis path of the article needs two aspects: copyright right monopoly and economic monopoly of copyright license.In this way,both the efficiency of transmission and efficiency of copyright licensing can be taken into account,and the anti-monopoly control of copyright licensing can be realized.It is the way to control monopoly by expanding legal license,weakening the strength of copyright rights and increasing the share of copyright interests.This paper takes the dispute of the copyright of teaching material and supplementary as the breakthrough point and analysis sample,takes the relationship between copyright right monopoly and economic monopoly of works licensing as the clue.This paper aims to realize the anti-monopoly control of copyright licensing.The text is divided into four parts:The first part points out that the "lock effect" will easily lead to copyright licensing chaos through the analysis of the teaching material and teaching assistant's copyright dispute.The lock-in is defined as an increasing cost to another system,once the market reaches a state of equilibrium,the dominant market players will make this advantage accumulation enhancement,which lead to other market players be hard to get into.The U.S.Court introduced into the judicial practice through the case of Eastman Kodak Co.v.Image Technical Services,Inc.as a way to determine whether the market players have market dominance.Lock-in has increased the exclusiveness of right and caused the disorder of copyright transaction.The second part focuses on the standard definition of the control monopoly under the lock-in effect.The lock-in effect causes copyright licensing chaos because it motivates two kinds of “monopoly” of copyright.Copyright has the exclusive,which is not illegal.Under the market environment,the copyright owner has the market dominant position,which does not violate the law.How do copyright owners violate the law,we need a standard of definition.First of all,we should exclude legal license and reasonable use.Then the premise and path of standard definition are analyzed.The author believes that the imbalance between the three relations of interests,order and the private interests of the copyright owner is the beginning of external intervention.The third part puts forward the countermeasures from the angle of law.Lock-in effect is the cause of the problem,and the lock-in problem needs to be solved first.Relying on the spontaneity of the market to solve the problem is uncertainty and not to meet the principle of optimal benefit.The involvement of external forces,such as legal measures,is in the public interest and can effectively prevent copyright abuse.The regulation system of the existing laws is divided into the external regulation taking the anti-monopoly law as the core and the internal control taking the copyright law as the core.Although antitrust measures are efficient,they can not solve the problem completely.This requires the copyright law measures,through the expansion of statutory licensing to solve.The fourth part points out the future direction of the research by theoretical thinking.The method of statutory license in controlling the exclusive of copyright is the transfer of license and pricing power right.This weakening of rights through impairment or restriction of right can effectively control the monopoly of copyright rights and economic monopoly caused by monopoly of rights,so as to realize the benefit sharing.After the weakening of rights,we should strengthen the protection of the copyright owner's rights so as to prevent the imbalance of the system in the process of resource allocation in the design of the system.