Research On The Statutory License For Sound Recording Under The Digital Communication

The continuous development and application of digital communication technology has formed a continuous impact on my country’s music market.Whether my country’s existing music copyright licensing model can meet the needs of multiple stakeholders in the Internet era has a direct impact on the effective operation and sustainable development of the music market.Inquiring into the reasons why the mainstream model of traditional music copyright licensing in my country-the exclusive licensing model and the extensive licensing model are difficult to continue to apply smoothly at the moment,the existing music copyright licensing model cannot be effectively adapted to the business model of the music market in the Internet era.Therefore,there is an urgent need for a more appropriate music copyright licensing model that can effectively protect the inherent legitimate rights and interests of music copyright owners and also meet the requirements of the music market for transaction efficiency under the background of digital communication technology.The author believes that the statutory licensing model of music copyright has unique advantages and value of the times compared with the exclusive licensing model and the extensive licensing model,and has certain researchability:on the one hand,although the statutory licensing model of music copyright is a restriction on music copyright owners The system of exercising the exclusive rights of works has always been controversial during the revision of my country’s "Copyright Law".The revision of the law has also adjusted the licensing model,reflecting that the statutory licensing model of music copyright is related to music in my country.Practical and academic circles have always occupied hot spots.Although the legislators in the new version of the "Copyright Law" that will be implemented in June this year did not modify the provisions on the legal licensing model of music copyright,this does not mean that the current legal licensing model does not have any legislative or applicable flaws.On the other hand,with the rapid development of my country’s digital music industry,the transaction needs of massive music works require effective response from relevant legal systems to conform to the trend of the times.Therefore,the transformation and upgrading of my country’s existing music copyright statutory licensing model has become an urgent issue problem.Based on the above reasons,the author aims to improve the legal licensing model of music copyright in my country,and maximize the protection and balance of the legal interests between the old and the new subjects as the research goal,and expand the discussion from four parts:The first part analyzes the theoretical basis of the legal licensing model of music copyright.Firstly,it defines and differentiates related concepts;secondly,it explains the meaning,nature and legislative evolution of the statutory licensing model of music copyright;again analyzes the value of the model from the perspective of jurisprudence;and finally explains the model’s value from the perspective of economics Existential value.The second part,this part analyzes the current situation of the practice of the legal licensing model of music copyright in my country under the background of digital communication technology.Starting from the discussion of the licensing model of music copyright in my country,it further emphasizes the necessity of the statutory licensing model of music copyright in our country under the current background;the flaws of this model are explained in detail from the two aspects of legislation and practical application.The third part is a comparative law investigation of the statutory licensing model of music copyright in typical countries.As the relevant legislation in the field of statutory licensing models of music copyright in the United States and Japan has a certain reference value for my country,it is concluded from the analysis of the United States’Music Modernization Act and Article 69 of the Japanese Copyright Act.Based on the characteristics of the statutory licensing model of music copyright unique to the United States and Japan,and on this basis,it puts forward its enlightenment to my country’s relevant legislation and judicial practice.The fourth part puts forward the idea of perfecting the legal licensing model of music copyright in our country under the background of digital communication technology.Combining the value positioning of our country’s music copyright statutory licensing model and the summary analysis of the extraterritorial model,aiming at the current flaws of the model,we will seek the corresponding realization path from five aspects to realize the value transition of this article from the theoretical level to the practical level.