Antitrust Regulation Of Exclusive Authorization Mode For Digital Music Copyright

The exclusive licensing model for digital music rights is a business strategy in the digital music market.Through this strategy,copyright facilitates the granting of exclusive rights to the information network distribution of digital music works in its possession to a designated digital music platform.The exclusive licensing model of digital music copyright plays a positive role in protecting copyright and promoting innovation.However,in practice,digital music platforms may also use this strategy to monopolize,which may result in negative impacts such as inhibiting the normal development of competitors and restricting consumers’ freedom of choice.Therefore,it is important to balance the dual effects of the exclusive digital music licensing model with its strengths and weaknesses,so that it can contribute to the smooth development of the digital music industry.The anti-monopoly regulation of the exclusive licensing model of digital music copyright faces many dilemmas.On the one hand,due to the lack of internal constraints of the copyright law on the exclusive licensing model of digital music copyright,we can only seek external intervention of the anti-monopoly law for the monopoly problems caused by this model,which has exacerbated the strain on anti-monopoly enforcement and judicial resources.On the other hand,there are many problems with external regulation of antitrust law itself.Firstly,the increasing trend of cross-border competition among the major digital music platforms has made it more difficult to define the relevant market for digital music;secondly,the special nature of the Internet industry makes it difficult to determine the market share of the major digital music platforms in the relevant market,which results in an inaccurate assessment of their market power;furthermore,the overly cautious enforcement attitude of the regulatory authorities has resulted in the exclusive licensing model giving rise to Finally,the high cost of civil antitrust litigation has discouraged injured parties from defending their rights through litigation,thus further pushing up the risk of monopoly in the digital music market.In order to cope with the above dilemma,this paper gives suggestions from the following perspectives: firstly,drawing on the provisions of the US copyright law,set reasonable restrictions on the duration and scope of exclusive licensing of digital music copyright in China’s copyright law,so as to effectively perform the preventive function of the copyright law and thus reduce the regulatory burden of the anti-monopoly law;secondly,optimize the definition of the digital music-related market from the perspective of protecting consumer welfare,and Secondly,the definition of the digital music-related market should be optimized from the perspective of protecting consumer welfare,and the rules for determining market share and presumption should be improved according to the characteristics of the Internet market.Furthermore,the commitment and settlement system should be reasonably utilized to meet the reasonable needs of the digital music market for antitrust enforcement while ensuring moderate modesty in antitrust enforcement.Finally,the civil anti-monopoly litigation system should be improved and an anti-monopoly public interest litigation system should be introduced to improve the anti-monopoly litigation system.