| With the rapid development of the network,the way of music transmission and trading have undergone great changes,more time and space barriers have been broken,digital music came into being.The advent of digital music works has subverted the traditional music market.The natural difference between digital music works and traditional music makes the copyright trading system unable to meet the needs of the current music market.The collective management organization leading the centralized license trading model is dominated by the government,and its monopoly problem has been criticized all the time.It is difficult to flexibly respond to the rapid changes in the digital music trading industry,and cannot achieve the goals and values set up by it.The legal license of sound recording products in the legal license system is a legal transplant,but it is difficult to adapt to the soil localization in our country.It is still not perfect in several amendments to the law,and it does not apply to the digital environment,which causes many problems in practice.Since the emergence of exclusive licensing transaction mode,the debate on its legality and regulation path has never stopped because it involves monopoly.Under the background of Tencent being punished by administrative organs,the development prospect of exclusive authorization model is more confused.Based on this,foreign digital music copyright trade system has developed for a long time and formed a complete system.On the basis of exploring foreign legislation and practice experience,combined with the national condition of our country,the following solutions are proposed for the existing problems of digital music trade system of our country:Break the legal monopoly of collective management organizations,introduce market competition mechanism,and strengthen supervision,form a free competition situation;Legal licensing should step into the digital music era and relevant rules should be extended to the digital music field to balance the interests of various players in the digital music market.Although the exclusive authorization mode is weakened,it is still necessary to regulate it based on its legitimacy.The principle of inclusiveness and prudence should be adopted,and the copyright law and anti-monopoly law should be combined to moderate regulation,so as to play a better role in the future. |
