| At a time when China’s online digital music industry is booming,the hidden problem is that the development of China’s music copyright licensing system does not seem to keep pace with the development of the digital music industry.In the process of continuous reform and improvement of China’s Copyright Law,due to the lack of comparative law research on the background and legal value of foreign systems in China,only the transplantation of the copyright licensing system is carried out mechanically,especially at this stage in China,music copyright legislation is mainly led by the government,this simple legal transplantation coupled with the lack of investigation of social reality has led to certain problems in the current licensing system of the Copyright Law.The copyright licensing model of musical works is a bridge and link between connecting various copyright subjects,stimulating the creative power of authors,ensuring the business and consumption needs of content disseminators and market consumers,and realizing the return of royalties and the circulation of musical works.However,at present,China’s copyright legal licensing model has become useless in the era of online digital music,and the collective licensing model is not running smoothly,and the commercial business model of "exclusive licensing" formed in the process of market development is already difficult to support at present,and the major digital music platforms maliciously compete for copyright,and network users have to pay a double price in order to enjoy music,which has led to the widespread dissemination of excellent music works in society and seriously hindered,greatly affecting the cultural prosperity of society.Based on this dilemma,how to develop and improve the online digital music copyright licensing model has obviously become a major issue that both theoretical and practical circles have to face.The current monopoly problem of the digital music market caused by the exclusive licensing model has attracted the attention of relevant departments,the statutory licensing model is only limited to the scope of audio and video recordings,which obviously can no longer meet the needs of the network era,and the shortcomings of the collective licensing organization itself have also made the collective licensing system no longer interested,and the online digital music industry has encountered a bottleneck in using only the exclusive licensing model.This paper takes the licensing model of digital music as the research object,focuses on the collective licensing model,statutory licensing model and exclusive licensing model of the Copyright Law,and uses research methods such as literature analysis,comparative research,historical research and value analysis to sort out the development context of China’s copyright licensing system vertically,compare and learn from the experience of developed countries that study copyright law horizontally,and combine it with Chinese social practice.This paper analyzes the relationship between the problems encountered in the development of China’s digital music industry and China’s copyright licensing model,so as to explore the causes of the development dilemma of China’s digital music industry.Based on the huge size of China’s digital music industry and the long-term lack of system that has led to the dependence on the exclusive copyright licensing model,we will turn our attention to the construction of a diversified digital music licensing model,and build an online digital music copyright licensing system based on exclusive copyright licensing and collective licensing,supplemented by statutory licensing,so as to protect the interests of copyright owners and promote the circulation and prosperity of social music culture. |