| The exclusive copyright of digital music,a two-tier business model including general license and sublicense,has aroused the controversy whether it should be regulated by the Anti-Monopoly Law.It plays a certain role in fighting against piracy,protecting the rights and interests of digital music works,and promoting the prosperity and development of the digital music industry,but at the same time,it also brings about the increase of relevant market barriers,restraining the freedom of competition,bidding up copyright prices,consumer welfare impairment and other consequences.By defining relevant markets and using industry data to analyze copyright concentration and market share distribution,it can be concluded that current market competition tends to be oligopoly.Operators get a lot of digital music exclusive copyright due to more number of exclusive rights to have certain ability to control the market competition,with the other operators have a competitive relationship between,and authorized license and the licensee,and therefore may arise through digital music exclusive copyright abuse of dominant market position behavior,such as restrictions on transfer authorization agreed upon,increase price monopoly profits,etc.Therefore,it is necessary to clarify the relevant problems arising from the exclusive copyright of digital music in the Anti-Monopoly Law,so as to provide theoretical support for the Anti-Monopoly Law to regulate the exclusive copyright of digital music. |
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