Anti-Monopoly Regulation Of Exclusive License Of Digital Music Copyright

The exclusive licensing model of digital music copyright,as an important form of copyright licensing in the current Chinese digital music market,has not only positive effects of combating piracy and protecting the interests of copyright owners,but also negative effects of harming competition and consumer welfare,which has led to the discussion of whether this model needs to be subject to anti-monopoly regulation in academic circles.The first part introduces the background of the exclusive licensing model of digital music copyright,the main modes of conduct and legal attributes,and the dual benefits it generates.The exclusive licensing model of digital music copyright is not an academic concept,but a copyright licensing model formed spontaneously in the market transactions,which in a broad sense includes exclusive first broadcast license,exclusive use license and exclusive agency license,and this paper mainly discusses the exclusive agency license model,including the information network transmission right of the exclusively licensed works and the sublicense obligation.It should be regarded as a kind of exclusive agency agreement in nature.Under the framework of copyright law,the exclusive license model is a legal licensing model,and the implementation of the exclusive license model has positive effects on protecting the legal rights of copyright owners and combating piracy infringement.However,it may also bring negative effects of harming market competition,forming monopolies and damaging consumers’ rights and interests.The second part identifies monopolistic practices that may be associated with the exclusive licensing model of digital music copyright.The focus is on analyzing the exclusive licensing model of digital music copyrights in terms of abuse of dominant position and vertical non-price monopoly agreements,and discussing the factors that shape these two types of monopolistic practices.In terms of finding abuse of dominant position,since the digital music platform belongs to the Internet field,it is necessary to consider the characteristics of the Internet platform and integrate several factors in determining the relevant commodity market and dominant market position.As for the determination of vertical monopoly agreement,since the two subjects of the exclusive licensing model belong to different links of the unified industry chain and do not limit the content by price therefore it is possible that what constitutes is a vertical non-price monopoly agreement.The third part analyzes some shortcomings of the current antitrust regulation of the exclusive licensing model in China.These include the difficulties in determining market dominance,the lack of clear provisions on vertical non-price monopoly agreements,the lack of necessary restrictions on the exclusive licensing model in copyright law,and furthermore,the difficulties in regulating intellectual property abuse in China’s Antimonopoly Law.The fourth part introduces the anti-monopoly system of the exclusive licensing model of digital music copyright in foreign countries,mainly including the necessary restrictions on the exclusive licensing model in foreign countries in terms of legal regulations and the unified management and authorization of copyright through the establishment of copyright collective management organizations.It also argues and analyzes the significance of the extra-territorial systems for China’s reference.In the fifth part,considering the above-mentioned problems and the analysis of the extra-territorial system,suggestions for the improvement of the anti-monopoly regulation of the exclusive licensing model of digital music are put forward.These include improving the criteria for identifying the relevant market in the antitrust law,enumerating the common vertical non-price monopoly agreements,and imposing certain restrictions on the model in the Copyright Law.And care should be taken to always maintain the modesty of the antitrust law and achieve a balanced state in the dual objectives of encouraging innovation and protecting competition.