Anti-Monopoly Regulations Of The Digital Music Exclusive Copyright Agreement

The rise of the Internet has promoted the development of the digital music industry.Through "de substantiation",the scope of music transmission has increased and the speed of transmission has increased,bringing great convenience to people.With the continuous promotion of the digital music industry,the importance of music copyright has become increasingly prominent,and the exclusive licensing mode has become the main form of copyright trading in the digital music market.However,the exclusive licensing of digital music brings about monopoly risks while promoting the legalization and standardization of the industry,so it is controversial.The exclusive copyright transaction of digital music can be considered as a commercial transaction between the "copyright owner" and the "digital music platform".As the core of the exclusive copyright transaction of digital music,the exclusive copyright agreement of digital music involves multiple fields such as the Internet,intellectual property rights and anti-monopoly law,which is of great theoretical value.A thorough study of it will help clarify the operation mode of the exclusive copyright of digital music and further explore the anti-monopoly regulation methods of the digital music market.This paper starts with the case of "Tencent acquisition of China Music Group",and through the analysis of the punishment measures of the case,draws the significance of the ban of the exclusive copyright agreement of digital music as a behavioral relief measure for the current anti-monopoly regulation of the digital music market.Secondly,through the theoretical analysis and competition effect analysis of the exclusive copyright agreement of digital music itself,the exclusive copyright agreement of digital music is accurately defined from the concept,content,legal attributes and other aspects,and then summed up the necessity of the existence of the exclusive copyright agreement of digital music and the importance of monopoly regulation.Thirdly,this paper analyzes the exclusive copyright agreement of digital music from the perspective of the Anti-monopoly Law,identifies whether there is monopoly in the agreement,and discusses the possible monopolistic consequences of digital music platform after signing the exclusive copyright agreement of digital music from the perspective of abusing the dominant market position.Finally,the paper summarizes the dilemma of anti-monopoly regulation of digital music exclusive copyright agreement in current practice,draws lessons from foreign copyright management experience,and tries to put forward some suggestions on improving anti-monopoly regulation from the perspectives of legal provisions,management organization,authorization restriction and so on,so as to form a virtuous circle of mutual promotion between system and industry.