Study Of Music Copyright Licensing System Under Streaming Media

With the further development of streaming technology,streaming platforms such as Tencent Music and Net Ease Cloud Music have brought about ecological changes to the music industry,with huge changes in the way authors create music,the types of music available on the platforms and the ways in which users can access music.However,while streaming technology has facilitated the access,transmission and utilisation of music works,it has exposed many shortcomings of China’s current music copyright licensing system:institutionally,the scope of licensing under the statutory licensing system is relatively narrow and relevant supporting measures are lagging behind,the collective management system faces problems such as low management level and operational efficiency,and opaque information and financial management;in practice,the streaming music platforms are heavily In practice,the massive accumulation of music works by streaming music platforms has gradually formed a monopoly,which has limited the channels of distribution of music works.The failure of the copyright licensing system to regulate the licensing of streaming music has led to controversies over judicial discretion,resulting in judicial dilemmas such as the lack of uniform standards for the amount of statutory damages and different views on the eligibility of rights holders.The National 14 th Five-Year Plan encourages and guides the creation and production of online music culture,the implementation of high-quality online publishing,and the launch of support schemes for the online music industry.Therefore,in order to promote the benign development of China’s music industry,it is of great theoretical and practical significance to conduct research on the music copyright licensing system under streaming technology.The addition of streaming music platforms as a new industrial entity has made streaming music convenient,interactive and diversified,and at the same time has raised higher requirements for the copyright licensing system.The reasons for the failure of China’s copyright licensing system are mainly the rigid operation of the statutory licensing system,the restricted application of collective management,and the existence of two regulatory paths for exclusive licensing without effective means to deal with them.Accordingly,the paths to improve the copyright licensing system include: firstly,it is suggested that the statutory licensing system should add the relevant provision that "where the public interactively disseminates sound recordings through network service providers,they may do so without the permission of the copyright owner,but shall pay remuneration in accordance with the provisions",and improve the statutory licensing payment system;secondly,it is suggested that the copyright Collective management organizations should be market-oriented and the management process should be transparent;thirdly,exclusive licensing should be regulated from the perspective of the Copyright Law,with restrictions on the number,time and fees of licensing content,and a onestop music licensing platform should be constructed to prevent monopoly by streaming music platforms;finally,the legal compensation standard for quantified musical works should be proposed from the perspective of judicial practice,and the eligibility of the main body for the protection of rights of such copyright collective management organizations should be strictly examined.