Research On The Perfection Of Copyright Statutory License System For Digital Music

The statutory license system of digital music copyright mainly refers to the legal system in which relevant subjects in the digital music industry can use digital music works through specific behaviors without the authorization of the copyright owner,but must pay remuneration.The system has been subject to controversy since its establishment,especially during the third revision of the Copyright Law,the statutory license clause for the production of sound recordings was deleted from the draft.In the process of music development,especially under the background of the digital music era,no matter what question the system is,it is undeniable that it is maintaining the balance of rights among relevant subjects,maintaining the order of music market transactions,preventing the monopoly of the digital music industry,and promoting the development of the digital music industry plays an important role.The statutory license system in the field of digital music in our country mainly includes two aspects: the statutory license for making sound recordings and the statutory license for playing musical works.In the implementation process of the system,the proviso clauses have caused users to face infringements,opaque distribution of revenue from the Music Copyright Society of China,low willingness to pay by broadcasting organizations,and high investment costs for rights protection litigation.At the same time,due to the rapid development of the digital music industry and the deviation of the legislative value orientation,the statutory license system of music copyright in our country has the following problems in the digital music era: in terms of the scope of application,the existence of statutory license behaviors and objects for the production of sound recordings.Uncertainty and the lack of relevant statutory license systems in the spread of digital music in the network environment;in the applicable procedures,there are proviso clauses that use the statutory license system to produce sound recordings that are affected by the will of the copyright owner and payment method of the statutory license system of playing digital music works lacks operability;in terms of pricing,the statutory license fee pricing mechanism is rigid and lacks flexibility;in terms of rights protection,there is a lack of specific provisions to protect the interests of right holders.The statutory license system of digital music in the United States has the advantages of conforming to the development trend of digital music,the proceduralization of a package of licenses,and the marketization of the rate determination method.At the same time,the goals and problems faced by the United States in formulating the system and the institutional environment are similar with my country.We can learn from the experience of the United States and combine our national conditions and system characteristics to improve the digital music copyright statutory license system.The specific ways are as follows: In terms of the scope of application,the scope of application of the production of sound recordings is limited to the musical works that have been released,the re-recording and direct dubbing are clearly explained,the scope of production activities includes copying and distribution,and the scope of rights is extended to the information network dissemination right and covers the playing behavior of digital music in the network environment;in terms of applicable procedures,flexible buffering in place of the proviso clause,the corresponding operability regulations shall be introduced in the payment procedure for playing digital music;in terms of pricing form,a pricing model of voluntary negotiation shall be established and the digital license fee rate shall be set according to the music market standard;In terms of rights protection,the establishment of a multi-channel dispute resolution mechanism for the protection of rights holders’ interests,strengthens the supervision of the Music Copyright Society of China,and establishes a strict tort accountability mechanism for non-payment.Through these perfect ways,the statutory license system of digital music copyright in my country is adapted to the characteristics of the development of the digital music era,while reconciling the contradictions between the industry subjects and achieving the balance of interests between the subjects,so as to realize its legislative value and promote the high-quality development of digital music industry.