| The development of the Internet has brought prosperity to the online music industry.Behind the prosperity lies the problem of piracy infringement.In order to strengthen the copyright supervision of network music service providers,the State Copyright Administration issued The Notice on Ordering Network Music Service Providers to Stop Unauthorized Dissemination of Music Works on July 9,2015.This is the starting point for the development of authenticated network music communication in China.In this contest,network music service providers and record companies have signed exclusive copyright.This model has become the mainstream business model for the development of genuine music market in China,it also raises the question that exclusive authorization can easily lead to market monopoly and hinder the dissemination of music works.Exclusive copyright is a legal monopoly formed by copyright,but in accordance with the provisions of the Anti-monopoly Law,operators of legitimate intellectual property rights obtained in accordance with relevant laws and administrative regulations on intellectual property rights,should not abuse intellectual property rights and carry out exclusion and restriction of competition.Therefore,due to the scale effect of network music,a few network music platforms have represented a large number of exclusive copyright music resources.After gaining market dominance in the relevant market,abusing copyright to implement monopoly behavior.This should be restricted by the Anti-monopoly Law.At this stage,driven by the exclusive authorization mode,China’s network music industry has developed rapidly.Analysis on the dominant position of abusing exclusive copyright market of network music,we can find individual music platforms began to abuse their dominant position and engage in copyright abuse in the market,which are manifested in: Tencent music library has reached 17 million pieces with a market share of 67%,become a substantial music copyright management organization;once market monopoly is obtained through exclusive copyright,high profits can be made by raising the transfer price;preventing Internet music customers from choosing service providers;restricting competitors from entering the market and so on.At the same time,there are some problems in the anti-monopoly regulation of the abuse of exclusive copyright by network music platform in China.Firstly,in law enforcement,it is difficult to identify the dominant position of abusing intellectual property market and lack of relevant practice in the field of Internet industry.Secondly,there are often differences on how to coordinate the relationship between music copyright protection and fair competition,and lack of attention to abuse of music copyright.Thirdly,the anti-monopoly regulation system of the abuse of exclusive copyright of network music is not perfect enough.At last,the enforcement of anti-monopoly law in the field of Internet is less.On the basis of drawing lessons from mature experience abroad,combining with China’s national conditions and the realistic development of network music authorization model,suggestions on the monopoly regulation of the exclusive analysis method in the recognition of market dominance;on the premise of upholding the protection of music copyright,we should strengthen mutual authorization of music copyright of network music platform;the perfection of relevant systems should be based on copyright law and anti-monopoly,on the one hand,the Copyright Law should appropriately restrict the exclusive license of the right to disseminate information on the music network,on the other hand,the relevant provisions on copyright abuse in the Anti-monopoly Guide to Abuse of Intellectual Property Rights should be refined;strengthening the anti-monopoly examination and preventing lack of law enforcement. |
