Research On The Copyright License Model Of Digital Music In China

The development and popularization of information network technology has changed the dissemination mode of music works and recording products and the distribution of benefits of music industry,and also led to the occurrence of serious infringement of digital music network.Copyright licensing is the main tool to realize the basic function of market benefits brought by the balanced distribution of intellectual achievements by copyright system.At present,the exclusive licensing mode of digital music copyright in China is under administrative supervision and its legitimacy is widely questioned.Legal licensing mode plays an irreplaceable role in balancing the main body of the music industry and the public interests of the society.Although the existing Copyright Law in China has basically retained the provisions before the amendment,there are still a lot of places to improve the legal licensing system of sound recordings in China.The centralized licensing model lacks extensive representativeness because the collective management organization itself is not smooth.Existing research into individual study one kind of licensing model existence dilemma and puts forward corresponding solutions,how to adjust and perfect our country the current integrity of digital music copyright licensing model to adapt to the new mode of commercial operation,network information industry eventually to better realize the basic function of the copyright law is currently have to face the problem.The innovation provisions of digital music copyright licensing system in the Music Modernization Act of the United States have certain reference significance for the perfection of China’s copyright licensing model.The exclusive licensing mode in the individual licensing mode is the transaction mode formed spontaneously by the digital music industry,which accords with the private nature of copyright.It is suggested to perfect the legal licensing mode and the centralized licensing mode to make up the deficiency of the exclusive licensing mode.Each digital music copyright licensing mode has its own advantages,the realization of the basic functions of copyright should rely on the three licensing modes to cooperate with each other,the retention of exclusive licensing mode can protect and respect the basic functions of copyright owners,it is suggested to set up exclusive licensing registration system;Perfecting the legal license mode is to realize the basic function of protecting public interests,but the limitation should not exceed the reasonable range,so it is suggested to add the right reservation clause and improve the current legal license payment mechanism in China by referring to the legislative experience of the United States.It is suggested that the centralized licensing mode should protect the maximum interests of copyright owners,and strengthen the supervision and governance of collective copyright management organizations without changing the legal monopoly nature of collective copyright management organizations,so as to enhance the representativeness of collective copyright management organizations and promote the wide spread of digital music.