Research On The Antitrust Law Regulation Of Exclusive License Agreement For Digital Music Copyright

The problem of anti-monopoly regulation about exclusive license of digital music copyright has a long history,but there is no mainstream consensus.As a copyright license agreement signed between the upstream and downstream business entities of the digital music industry,the exclusive license agreement of digital music has a certain legal basis,but it also produces monopoly risks.The exclusive licensing agreement of digital music copyright is the product of the market subject seeking advantages and avoiding disadvantages to obtain the maximum commercial benefits.In the process of pursuing commercial benefits,there may be negative internal and negative externalities.Negative internality may be solved through interest game,communication and negotiation among market players,but negative externality problems such as damage to market competition environment and damage to consumer welfare cannot be solved through market internal regulation mechanism,so it is necessary for anti-monopoly law to intervene in regulation.The exclusive licensing agreement for digital music copyright may involve two kinds of monopolistic behaviors,namely vertical monopoly agreement and abuse of dominant market position,as the signing subject has market power or not.In the face of the problem of determining the illegality of the exclusive license agreement for digital music copyright,it is suggested to establish the reasonable analysis principle of determining the vertical monopoly agreement,attach importance to the case analysis,and evaluate from the market share and the content of the agreement,and use the "theory of increasing the cost of competitors" to evaluate whether the cost of competitors has increased.As to whether the exclusive agreement constitutes the abuse of the dominant market position,it is suggested that according to the characteristics of the digital music market,the relevant market is defined,the dominant market position is identified,whether the abuse is constituted and other requirements are analyzed in detail,and the illegality is determined comprehensively.At the same time,it is necessary to solve the conflict and cohesion between the anti-monopoly Law and the Copyright Law in application.