Research On Copyright Authorization Mode Of Digital Music Works

The wide application of digital technology in the music market has changed the storage and transmission mode of music works,and greatly improved the transmission scope and efficiency of music works.However,the development of the copyright system,especially the copyright authorization system,has not fully kept up with the pace of the music market,resulting in the serious disconnection between the music market practice and the music copyright legal system in China.This paper points out and analyzes the difficulties faced by the three major copyright licensing modes in dealing with the licensing of digital music works,such as the inherent defects of China’s statutory licensing mode and its problems of failure in adapting to the digital environment,the limited dissemination efficiency and monopoly risk caused by the exclusive licensing mode,the excessive administrative disadvantages of centralized licensing and the problems of restricting the autonomy of the right holders.Considering these problems,through the analysis and selective reference of foreign experience,combined with the particularity of China’s dilemma,this paper puts forward systematic suggestions for the subsequent revision of China’s copyright law,including improving the program design of the traditional statutory license mode,supplemented by the statutory license revocation rules and introducing the statutory license into the digital environment;introducing reasonable anti-monopoly law use in regulating the risk caused by exclusive license,and promote sublicense and even give birth to a new business model of "disintermediation" to improve communication efficiency;abolish the collective management organization’s restriction of "administrative access" and create "one-stop license";simplify the existing copyright system,and adjust the right setting standards.Through a series of innovative reform measures,the Music Modernization Act issued by the United States in 2018 focuses on resolving the contradiction between the efficiency of the dissemination of music works and the efficiency of copyright licensing,and rebalancing the interests of the music industry.The relevant reform spirit is worth learning for China.In order to promote the healthy development of China’s digital music market,we should adopt the idea of inclusiveness and openness,guide the use of multiple copyright licensing mode,so as to improve the existing licensing mode.