Research On The Legal Regulation Of Monopoly Behavior Involved In The Exclusive Licensing Mode Of Digital Music Copyright

The exclusive licensing model of digital music copyright will not only promote the process of digital music legalization,but will also generate conflicts of interest and cause monopoly concerns.Although the National Copyright Administration interviewed in 2017,it produced short-term good results,and the digital exclusive licensing model dominated by "exclusive licensing" gradually evolved into an exclusive copyright agency model that allows "non-exclusive licensing +sublicensing".However,the specific acts involved in the exclusive licensing model of digital copyright will still cause great monopoly risks,such as the abuse of dominant market position,vertical monopoly,concentration of undertakings,etc.,and the effect of eliminating or restricting competition still exists.Starting from the legal nature of the exclusive licensing model of digital music copyright,this paper analyzes the requirements for identifying specific abuses,and proposes a targeted legal optimization path in view of the actual dilemma in the digital music market,in order to play a positive role in promoting the orderly competition and innovative development of the digital music market.In the definition of monopoly behavior,with digital music platform as the axis,the main monopoly behavior in economic monopoly juxtaposed with natural monopoly and administrative monopoly can be connected in series.Taking the concentration of business operators as the starting point,when digital music platform operators seek high-quality copyright resources from upstream copyright dealers,they may adopt the form of cross-shareholding to carry out vertical business operator concentration,so that they are in a favorable negotiating position in seeking exclusive copyright resources,sign exclusive agency agreements with copyright dealers,and obtain first-level agent qualifications for digital music copyrights.When making up for the high licensing costs,sublicensing to downstream digital music platforms with direct competition to obtain business income,if there is no dominant market position,high-price sublicensing,refusal to sublicense,differential treatment of sublicensing counterparties,tie-in copyright,etc.,or normal business strategy behaviors,cannot reach the level of abuse;For example,in order to reduce commercial risks,take the form of acquisition of equity mergers and acquisitions,turn them into their own use,excessive concentration to meet the turnover conditions need to be declared,failure to declare in accordance with the law constitutes illegal concentration of undertakings,subject to the "Anti-Monopoly Law" will bring structural market dominance,when facing end consumers,if there are behavioral elements including high-price sublicensing,refusal to sublicense,differential treatment of sub-licensing counterparties,tie-in sales of copyrights and other abuses,resulting in anti-competitive effects,there is no exemption,It meets the constituent elements of abuse of dominant market position and is regulated by the Anti-Monopoly Law.Of course,if the digital music copyright provider is the basis,there may be acts including abuse of the copyright of music works,excluding or restricting competition,and the specific acts of abuse include the implementation of exclusive licenses or high-priced licenses for first-level exclusive agents of non-exclusive licenses,refusal to authorize,differential treatment of counterparties seeking authorization,tie-in sales of copyrights or attaching unreasonable conditions.According to the formulation and implementation of laws and regulations,the current anti-monopoly in the digital market represented by digital music has shortcomings: mainly that the behavior is difficult to define,the legislation needs to be improved,and law enforcement still needs to be further strengthened.Under the background of the Internet,it is difficult to define the relevant commodity market and the relevant geographical market,and the boundary of the market segment is disputed,so it is difficult to effectively define the relevant market where the market entity is located.Secondly,the lag in determining the market share factor makes it difficult to determine the status of the subject,which brings certain challenges to the application and enforcement of the Anti-Monopoly Law.The meticulousness and interlocking nature of the "three-step" identification method make it difficult to identify.In terms of legislative improvement,it is necessary to affirm the outstanding highlights in the revision of the Anti-Monopoly Law,but there are still areas for improvement in the overall legal system construction.In terms of entities,such as the low degree of systematization and the low level of relevant work guides;In terms of procedures,there is a lack of procedural provisions,and the standardization of legislative procedures needs to be improved.The vitality of the law lies in its implementation,and the lack of anti-monopoly review in law enforcement,the insufficient application of anti-monopoly law enforcement and reconciliation,and the difficulty of timely intervention in supervision in the event can easily lead to the loss of the vitality of the law.About optimizing the path,it is necessary to work synergistically between various sectoral methods.In order to focus on the synergy of China’s legal system and learn from useful experience,it is necessary for the Copyright Law to limit the number of licenses and the renewal period for the exclusive licensing model,and at the same time,to include "exclusive" behavior in the scope of the Anti-Unfair Competition Law.Secondly,it is necessary to accurately determine the constituent elements of the monopolistic behavior involved in the digital music market entity.In the abuse of dominant market position,it is not only necessary to define the relevant market at the micro level and improve the calculation method of market share,but also to adjust the identification of abuse of dominant market position in a timely manner.In vertical agreements,specific types of non-price vertical agreements are included to achieve comprehensive regulation of Internet platform monopoly.Promote the systematization of anti-monopoly laws and the improvement of procedural norms,appropriately learn from Germany’s useful experience,reconstruct market position clauses,and ensure the completeness of the systematic construction of the legal system and the soundness of procedural provisions.Promulgate anti-monopoly administrative regulations and departmental rules in the intersection of the two,add special articles and special funds for anti-monopoly in the digital field and platform economy represented by digital music,supplement the laws and regulations on monopoly issues in the field of intellectual property rights,and refine the legal provisions to ensure that the law enforcement process "has a law to follow".In the process of enforcement,it is necessary for law enforcement agencies to change their law enforcement thinking in a timely manner,strengthen the breadth and intensity of anti-monopoly reviews,supplement the use of flexible law enforcement methods such as interviews and reconciliations,and timely intervene in the supervision of law enforcement entities to ensure the effectiveness of anti-monopoly law enforcement.In order to give full play to the positive effect of the music exclusive copyright model,on the basis of ensuring the diversification of digital music licensing methods,we should fully learn from the experience and lessons of mature foreign industry markets,strengthen anti-monopoly legislation and regulation and supervision at the law enforcement level,pay attention to the synergy of the legal system in the field of digital music,adjust and regulate the competition order of the online digital music market,and form a legal regulation path in the field of digital music that conforms to China’s national conditions.