Legal Regulation On The Abuse Of Exclusive License For Digital Music Copyright

The rapid development of Internet technology interferes with the choice of music listening channels.Compared with the traditional records,concerts and radio listening methods,the advantages of using the network music platform to listen to songs are obvious.Listening to songs through the mobile client is becoming the main way for the public to listen to music.The change of the transmission channels of music works leads to the break of the original profit distribution pattern in the music market,and the digital music copyright owner becomes the main profit maker.Because our country does not extend the right of reproduction and distribution to the network environment,but sets the right of information network communication as one of the copyright,coexisting with the right of reproduction and distribution.In order to obtain music copyright,especially digital music copyright,we need the permission of the copyright owner.The legal license clause in the current copyright law can not be applied to digital music copyrighted works.In order to make profits,online music platform providers and music copyright owners lead to the large-scale abuse of the exclusive license of digital music copyright,and then cause a series of social problems to attract the attention of the practical and academic circles.In this paper,the idea is to raise,analyze and solve problems.This paper analyzes the manifestation,harm and cause of abuse of exclusive license of digital music copyright by means of literature,theory and empirical analysis,uses the feasibility of foreign copyright system for reference by means of comparative analysis,helps to solve the market chaos caused by the abuse of exclusive license in China,and finally puts forward reasonable legislative suggestions.The article is divided into four parts,the specific content and structure are as follows:In the first chapter,the concept of abuse of rights is clarified by theoretical analysis and literature analysis,and the root of the existing problems in China's music market is the abuse of exclusive license of digital music copyright,The second chapter points out the concrete manifestation of the abuse of the exclusive license of digital music copyright,and points out the harm brought by the abuse.Taking Tencent music as an example,the empirical analysis method is used to confirm the above problems.The third chapter deeply analyzes the reason why the exclusive license of digital music copyright is abused.In the macro environment,there are some problems,such as the incompleteness of laws and regulations,and the weakness of the control ability of the music writers' Association.In the micro level,it is because the music copyright owners and the online music platform operators themselves make abusive choices in order to pursue interests.Only by finding out the reason can we solve the problem pertinently.In the fourth chapter,based on the experience of foreign countries,we reflect on the defects in the copyright law system of our country,and put forward the corresponding legislative suggestions to solve the problem of the abuse of the exclusive license of digital music copyright in our country.First of all,the environment of music copyright license in China has changed.It is reasonable to change the content of copyright license,and it is necessary to set up legal license to maintain market order.Secondly,China should refer to Russia's establishment of an extended collective management system,as well as the establishment of a proprietary licensing information network registry in collective management organizations,so as to enhance the influence of collective management organizations.