Research On Anti-monopoly Law Of The Exclusive License Of Internet Music

In 2015,the State Copyright Administration issued the Notice on Ordering Internet Music Platforms to Stop Distributing Music Without Authorization,and the Internet Music Market is developing rapidly on the road of genuineization,and music platforms have reached exclusive license agreements with upstream music copyright rights holders in order to gain a competitive advantage.Intellectual property rights have a natural monopoly nature,the exclusive licensing model objectively combats piracy infringement,in the perspective of civil law has a certain degree of legitimacy and rationality.However,the exclusive licensing model also stifles industry innovation and squeezes the living space of small and medium-sized music service providers,seriously affects the fair competition order and healthy development of the Internet music market,the limited limitations of contract law and copyright law can not eliminate its harm,at this time the intervention of the anti-monopoly law is needed to protect the fair competition in the market and safeguard the interests of consumers.However,due to the technical complexity,network externality and free use of internet music market in the Internet music market,it is faced with many problems that are difficult to deal with under current laws when using anti-monopoly law to analyze and govern exclusive licenses.This paper uses the methods of literature analysis,comparative analysis and empirical analysis to study the problems and risks in the regulation of the exclusive licensing model of The Internet music market in China: First,in the definition of the relevant market of the Internet music market,it is assumed that the price increase of the monopolist test method is too rigid.The alternative analysis method also has limitations in the context of the rapid development of Internet music platform,second,the market share of Internet music platform is not equal to market forces,its dominant position is difficult to determine and its comparative advantage position lacks legal regulation,and thirdly,in the exclusive licensing model at the same time in line with the abuse of market dominance and vertical monopoly agreement components There is a question of how to apply the competition of laws and regulations,and fourthly,the exclusive license agreement belongs to the vertical non-price monopoly agreement,which is not regulated by the existing laws and regulations in our country.Based on the above-mentioned problems,the industry development is relatively mature extraterritorial experience study,the use of legal thinking,combined with the current situation of China’s relevant laws and regulations are still imperfect,on this basis,put forward the solution to the problem and risk methods: for the traditional methods to define the Internet music-related market shortage,Improve the assumption monopolist test method and weaken the necessity of defining the relevant market,and improve the relevant provisions of "comparative advantage position" for determining the dominant position of the market,adding "consumer quantity" factor stake in the consideration of market share and strengthening the structural considerations of market access,and The abuse of comparative position is included in the scope of anti-monopoly law regulation by complete laws and regulations,the right of law enforcement agencies to choose to apply to the competition between the abuse of dominant market position and the vertical monopoly agreement,and the adoption of "general terms and typing provisions" for the regulation of vertical non-price monopoly agreements.The illegality of vertical non-price monopoly agreements,such as Internet music exclusive licensing,should be included in the scope of regulation,and finally,the illegality of vertical non-price monopoly agreements should be considered in terms of market share,market access barriers and consumer interests.