Research On The Value Of The Statutory License Of Making Phonorecords And Its Extension To Network Environment

In the process of the third amendment of the Copyright Law,the existence or otherwise of the statutory license of making phonorecords has aroused much discussion in the academic and industrial circles.The controversy stems from inconsistent perceptions of the value of the statutory license among different subjects.This inconsistency has further led to differing views on whether and how the statutory license should be extended to networked environments.Now that the Internet has become the main channel for the dissemination of music,it is important to explore the value of the statutory license of making phonorecords and,on this basis,to think about whether and how this system can be extended to the online environment,and this paper try to answer these questions.The article is divided into four chaptersChapter ? identifies the problems with the statutory license of making phonorecords in China.First,the value of the statutory license is unclear.This is mainly reflected in the contradiction between the content of the provisions and the declared legislative value,and the lack of a unified view of the legislative value of the statutory license among different subjects.Secondly,the statutory license of making phonorecords has lost its practice in the Internet age.This is mainly reflected in the fact that,at a time when the Internet has become the main channel for the dissemination of music,the current statutory license applies only to the reproduction and distribution of musical works and not to the dissemination of information networks.It is therefore necessary to explore the value of the statutory license and,on that basis,to consider whether and how it can be extended to the web environmentChapter ? explores the value of the statutory license of making phonorecords The "antitrust argument" is first discussed.The existence of monopoly dangers needs to be further explored.Even if this danger exists,antitrust law and anti-unfair competition law is more relevant to the danger.And with exclusive rights at the heart of copyright law,a generalized antitrust narrative is not sufficient.The "reducing transaction costs argument" is secondly discussed.The issue of transaction costs is not limited to secondary recordings of music,there are substantial transaction costs in both the first recording and performance of music,and the statutory license is only for secondary recordings of music.Even if it is necessary to reduce transaction costs,this can be done through collective management,which has a longer and more market-based history than the statutory licensing system.In the United States,for example,industry practice has shown that producers of phonorecords seldom seek statutory permission from the Copyright Office,but rather obtain authorization through collective management organizations,so the system does not reduce transaction costs.In the end,this paper presents the view that,from the details of the statutory licensing system,the system,through the dual intervention of the willingness of songwriters to license and licensing rates,on the one hand,allows emerging record companies to make unlimited use of song works,on the other hand,controls the cost of copyright,and play a role in promoting the development of the recording industry,which constitutes the instrumental value of this regime Secondly,the special nature of music makes it the main channel for people to enjoy music by means of recordings of performances,and the statutory license of making phonorecords effectively promotes the dissemination of music by facilitating its recording,which constitutes the public interest value of this regime.Thirdly,in the long run,the statutory can prevent exclusive licensing of music and contribute to the promotion of musical cultural diversityChapter ? discusses the justification for extending the statutory license to the network environment.First,there are obstacles to the voluntary licensing of musical works,because of the fail of market autonomy and the under-representation and institutional shortcomings of collective management organizations in China.Second,the extension of the statutory license to network environment is beneficial to the development of the domestic music industry China has the world's largest music consumer market,but the local copyright holding is insufficient,the extension to network environment is conducive to the emergence and continuation of the domestic music industry,and the return of copyright to reasonable prices.More,the extension facilitates the dissemination of music.In the Internet era,the nature of music dissemination has not changed,but the Internet era has put forward higher requirements for the efficiency of music dissemination,songwriters also have a greater demand for dissemination,and the extension of the statutory license is conducive to promoting the dissemination of music;finally,the extension of the statutory license is conducive to promoting the diversity of music culture.On the one hand,the development of record companies and independent musicians can be promoted,so that the market body can maintain a certain number,and on the other hand,there are multiple performance versions of a piece of music,thus promoting the diversity of musical culture in both directionsChapter ? discusses the specific regime design of the extension of the statutory license to network environment.The extension of the statutory license may have the side effect of an imbalance of interest between lyricists,producers of phonorecords and music platforms.Exclusive licensing may be used by producers of phonorecords as a resource or weapon to the detriment of the rights holders of musical works and the public interest in society.Therefore,this paper argues that,on the one hand,the statutory licensing system should be extended to the network environment,allowing the application of statutory license to the right of Internet disseminate,and on the other hand,the exclusive licensing of producers should be restricted.