On The Regulation Of Exclusive License Of Digital Music Copyright By Anti-monopoly Law

In today’s era,Internet technology is advancing rapidly and the digital economy is booming,digital music,as a music form opposite to traditional music,has gradually occupied the music industry market in China.However,at the initial stage of the development of the digital music market,due to the weak awareness of music copyright of various market subjects and insufficient national supervision,pirated music can be seen everywhere in the market,and the order of the digital music copyright market is very chaotic.In order to strengthen the copyright supervision of digital platform operators and digital music copyright market,In 2015,the National Copyright Administration issued the Notice on Ordering Online Music Service Providers to Stop Unauthorized Dissemination of Music Works(hereinafter referred to as the "Notice").Since then,the era of pirated digital music has passed,and the exclusive copyright of digital music has become the dominant model of China’s digital music market.However,in order to gain more competition in the market,large digital music platforms relied on exclusive copyright resources for digital music.The duality of the model of exclusive concession of copyright for digital music favours.On the one hand,the fight against piracy and,on the other,represents the autonomy of the parties’ market players on a legitimate basis.On the other hand,monopolistic effects that eliminate and restrict competition are easy to produce.As a result,doubts have arisen that academia "has a monopoly on the exclusive concession of copyright for digital music,which limits the normal distribution of musical works".The law is the intellectual property right of entrepreneurs,which aims to protect national laws.However,if we make unreasonable use of the dominant creatures in the market,abuse the exclusive authorization of the counterpart of digital music copyright,and destroy the original order of the digital music market,The Anti monopoly Law of the People’s Republic of China is normative.In 2021,the State Administration of Market Supervision decided to punish the top ten music entertainment groups(or the following top ten music groups),requiring them to cancel the exclusive copyright within 30 days and stop paying huge advance royalties.Therefore,the country’s anti-monopoly law is applicable to raising the transit price and restricting other digital music manufacturers from entering the music market.Therefore,in order to limit the abuse of rights and balance the existing interests,the exclusive licensing of digital music rights should be regulated and interfered by the anti-monopoly law.However,China’s anti-monopoly law still has some shortcomings in regulating the licensing of abusing the exclusive rights of digital music on the digital music platform.There has been a monopoly dispute over the licensing of the exclusive rights of digital music.It can be seen from this that China’s anti-monopoly law has not yet established a sound anti-monopoly regulation system in the cross field of the Internet and intellectual property,the relevant legislative provisions need to be further optimized,and the anti-monopoly judicial practice experience needs to be accumulated.In this paper,we investigate anti monopoly regulation based on the current status of the digital music copyright monopolistic license market in China.Its contents and configuration are as follows.The first chapter is an introduction and the basis of the full text.The purpose and significance of this research,the research situation in Japan and overseas,and the main points of innovation are discussed.In Chapter 2,the concept and genre of copyright exclusive license of digital music are briefly described.The basic concepts and features of digital music include the concept,genre,and feature of the copyright exclusive license of digital music.Chapter 3 mainly describes the present state of digital music copyright in China.The present state of the market and the current state of legal supervision management.In this section,four stages of the development of the digital music market in China are briefly arranged,and the current digital music version of the digital music market is "one and a strong".At the same time,through the analysis on the current state of the legal regulation,the development of the digital music version of the Chinese digital music version is drawn out.Chapter 4 highlights the shortcomings of the antitrust rules for exclusive licences for digital music rights in China in three areas:legislation,enforcement and legal practice.Chapter 5 provides an overview of the relevant systems for antitrust regulation of digital music rights in the vs.and South Korea,looking at the measures that can be taken in the current antitrust area in China.The exclusive licensing model for digital music rights and the monopolistic risks that this may entail have their own characteristics in different countries.Therefore,China should not simply import and absorb experience from abroad,but,in conjunction with industrial policy,determine whether antitrust legislation is applied based on the characteristics of the Chinese digital music rights market.Chapter 6 contains recommendations to improve antitrust legislation in the field of digital music rights in China by providing an overview of the relevant systems and measures in different countries abroad,combined with the existing problems related to exclusive licensing of digital music rights in China.Finally,there is an epilogue summarising the main points of the full text and pointing the way to the future Chinese model for granting digital music rights.