Research On Antitrust Regulation Of Exclusive Authorization Of Copyright On Digital Platform

The copyright industry has been given new vitality by the development of digital technology which has also gives birth to a new industrial body--the digital copyright platform.On the one hand,exclusive copyright mode as a methods often been taken to gain competitive advantage promotes the legitimate development of the digital copyright market,on the other hand,it also aggravates the unbalanced pattern of copyright platform."Exclusive" and "copyright" essentially involve two different areas,namely antitrust law and intellectual property law.As a commonly used type of intellectual property license contract,the exclusive copyright mode itself does not a typical monopolistic behavior.Only if one digital platform holds too much exclusive music copyright resulting in anti-competitive effect will it be necessary to regulate by the anti-monopoly law.The positive effects of exclusive licensing are undeniable.The key issue at present is to study and standardize the way of exclusive copyright authorization in the face of platform background,evaluate its advantages and disadvantages,and rationally regulate this behavior to give play to its greater value,so that it can play its original intention of promoting the efficient dissemination of copyright works and curbing piracy on the premise of ensuring market competition.This paper consists of four parts except the first chapter introduction and the last chapter conclusion.It has been divided into four parts to elaborate the above-mentioned issues,except the introduction chapter and the conclusion chapter.The first part primarily summarizes the exclusive licence form of copyright adopted by the digital platform.First of all,by comparing the development map of copyright industry in China with the development of exclusive copyright authorization,it can be identified that the adoption of exclusive authorization is not the original creation but the digital inheritance of existing authorization form.Secondly,according to the types of copyrighted works on digital platform,introducing its operation methods,and summarizing the customary act in online copyright industry,the characteristics of the digital platform of copyright market competition can be defined as willing to integrate the industry,copyrighted works as the main competition,copyright concentrated effect remarkable.Third,it is legitimate to bring the exclusive licence into the framework of anti-monopoly laws.On the one hand,such exclusive licensing of copyright is not inherently illegal,but it carries special monopoly risks.When the Internet technology reduces the reproduction and transmission cost of works,the digital platform can shift the cost to congregate more copyrighted works resulting in copyright aggregation effect,which will contribute to seize the initiative in the control of digital platform traffic.On the other hand,the exclusive licensing is the autonomy of will of the market entities under the copyright law.The principle of civil law can regulate related behavior,but just the principle will make the market entities has precarious.Accordingly,the antimonopoly law has more advantages in regulating the exclusive authorization of copyright on digital platforms due to its flexibility and comprehensiveness.The second part primarily discusses the current predicament of the regulation of the exclusive authorization of digital copyright,which can be divided into three aspects:poor connection between the two laws,ambiguous judgment standard of monopoly and weak enforcement of monopoly.When it comes to the connection between the two laws,The intellectual property law tends to be the right protection law,and the anti-monopoly law is the behavior regulation law.From the perspective of private interests,intellectual property law cannot bear the heavy responsibility of maintaining the order of the entire copyright industry.Secondly,the article that the Anti-Monopoly Law provides for regulating the abuse of intellectual property which causes the exclusion and restriction of competition is a doctrine provision,which does not provide specific rules corresponding to and related to "abuse" and"exclusion and restriction of competition" monopolistic behavior.For vertical monopoly agreements,it is not the typical behavior according to Article 17 in AntiMonopoly Law,so it is difficult to judge the impact on competition.For the abuse of market position,the related market standards are intricate and difficult because of the Internet factors,so does the determining factors of market share of the Internet-based digital copyright platform.On the issue of monopoly law enforcement,it is worth reflecting on that whether it should obey the current principle of law enforcement.Secondly,the application of reconciliation procedures in law enforcement procedures is not in place,which block the proper application of law enforcement out.The third part mainly summarizes the foreign experience and reference of antimonopoly regulation on exclusive copyright authorization.After briefly introducing the copyright license system of the United States,the collective management organization rules and the market dominance standard of the country of European Union,this paper summarizes the reference experience of China.These include the use of copyright trading rules to avoid the anti-competitive state of excessive copyright concentration in advance,the simplification of relevant market identification standards to enhance the efficiency of law enforcement,and the strict supervision of agencies to prevent monopoly.The fourth part primarily discusses the anti-monopoly regulation suggestions on the exclusive authorization of digital platform copyright.First,from the common ground of the two laws,the corresponding copyright trading standards should be established.Additionally,the monopoly standard of exclusive copyright licensing should be upgraded when it comes to the background of digital platform,including the application of quality substitution method and critical loss method to accurately judge the relevant market,and for market power determination it should pay attention to whether the aggregation of copyright is irreplaceable,whether the copyright has a key role in the field,and whether to control the distribution channels of copyright works.Lastly,some suggestions on antitrust law enforcement are provided,namely,to observe a prudent attitude avoiding "pressure law enforcement",and to promote the use of "commitment and reconciliation system" of operators.All above is to mediate "conflicts of interest" with "moderate law enforcement".