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Research On The Model Of Digital Music Copyright Authprization

Posted on:2022-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2506306536952629Subject:Law
Abstract/Summary:PDF Full Text Request
Since the emergence of music,the content has been continuously enriched and the form has been constantly changing.Especially in the Internet era,the emergence of digital music has brought a huge boost to the development of the music industry and has also made music piracy rampant.In 2015,the government began to urge the digital music market to carry out compulsory rectification of legalization,which greatly increased the demand for copyright transactions.However,the development of the corresponding digital music copyright authorization model in China is far behind the development speed of the digital music market.The traditional authorization model It has been unable to meet people’s demand for digital music sharing.There are two main authorization modes in my country: the collective management mode of music copyright and the exclusive authorization mode of digital music copyright.The former appeared earlier and the latter appeared later.It was mainly established to address the issue of digital music copyright,and both have both.There are positive effects and negative effects.Without regulation,the negative effects will seriously affect the protection of digital music copyright.At the same time,the rights involved in digital music copyright are very complicated,and the ways of using them are becoming more and more diversified,causing various conflicts of interest among the main players in the music industry.Therefore,in order to resolve the conflict of interest between the various subjects,it is necessary to improve the traditional authorization model or adopt a new authorization model.In this regard,this article combs through the characteristics and existing problems of the current digital music market under the background of the Internet,combines the relevant theories of the existing digital music copyright authorization model and foreign experience,analyzes the dilemma of the current authorization model,and strives to explore the digital music market suitable for my country.The authorization model of the music market can maximize the value of music works and promote the development of the music market.In addition to the foreword and conclusion,the full text is divided into four parts:In the first part,the emergence of the Internet and digital technology has brought an impact on music copyright protection.Digital music is a product of the fusion of digital technology and music,which separates music from the carrier,and has high fidelity compared with traditional music forms and is easy to spread and listen to.The combination of the Internet and digital music in the21 st century has made China’s physical record industry shrinking.The digital music industry occupies a dominant position in the market,which has revolutionized the music industry.It also has a huge impact on the protection of music copyright.At present,my country’s licensing methods for music copyright can be divided into three categories: licensing,collective licensing,and statutory licensing.There are multiple licensing models under various licensing methods.However,information sharing on the Internet makes music piracy rampant,and what about digital music copyrights? Protection has become an issue that needs to be reconsidered.The second part is the analysis of the dilemma of the two main authorization models in my country.The collective management model of music copyright is a universal authorization model for music copyright protection at home and abroad.This model was established late in my country,with administrative monopoly,lack of competition in the market,vague standards for collecting royalties for collective management organizations,and inadequate management at the technical level.And other issues.The exclusive licensing model is a commercial agency model in the music industry.It is controversial in terms of legal nature and has an oligopoly trend.However,its positive effects are greater than its negative effects.Improvements are of great benefit to the protection of digital music copyright.In general,the dilemma of the digital music copyright authorization model in my country is that the imbalance of interests among the various music market subjects leads to conflicts of interest,the decentralization of rights subjects aggravates market transaction costs and the high degree of monopoly.The third part analyzes several enlightening foreign authorization models in order to learn from the experience of our country’s authorization model.The music copyright collective management models in the United States and Japan are relatively mature,with a diverse number and types of collective management organizations and strict internal management,and the US Department of Justice attaches great importance to its antitrust review.The prior licensing model,the online payment model,and the compensation model all emerged in response to the copyright issue of digital music.my country can introduce them appropriately,but should pay attention to adapting to the local market.The fourth part is to put forward perfect suggestions for the current predicament of the digital music copyright authorization model.To solve the dilemma,we must first adhere to the principle of balance of interests.Regarding the collective management model of music copyright,administrative intervention should be reduced,the standards for the collection and distribution of license fees should be improved,and the number and types of collective management organizations should be increased.Regarding the exclusive authorization model,the legal nature is first clarified by law,and secondly,the number of exclusive authorizations and sub-authorizations must be compulsory.At the same time,the anti-monopoly review must be strengthened.
Keywords/Search Tags:Digital music copyright, Licensing model, Balance of interests
PDF Full Text Request
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