Research On The Approach To Copyright Regulation On Unfair Pricing In Academic Literature Databases

In the era of platform economics,the academic literature database realizes the efficient and convenient dissemination and sharing of knowledge by means of digital technology,but the problem of double-sided unfair pricing by the head database provider using the advantages of platform integration is becoming more and more prominent.At present,the independent power of all sectors of society has difficulty solving the problem,which needs to rely on legal intervention regulation.Generally speaking,the anti-monopoly law and the price law can directly respond to monopoly pricing problems,and there are judicial cases of anti-monopoly law regulation.But it is still difficult to fundamentally eradicate the root of the problem.The problem of unfair pricing of academic literature database is rooted in the mode of "exclusive license",and copyright system provides support for the "legal monopoly" of academic literature database from inside and outside.In order to completely cure the unfair pricing disorder of academic literature database,it is necessary to return to the copyright approach,re-examine the value objective and improvement direction of its licensing system,and solve the pricing problem by optimizing the internal copyright system.The Creative Commons license under open access can meet the development needs of the academic industry,prevent the academic literature database from abusing the pricing right to damage the market competition from the source,and realize the open-source sharing of knowledge,it is a cure to the problem of academic literature database pricing.On the way to promote the Creative Commons license,we should take the interest balancing principle as the guidance,improve its system and its supporting operation mechanism,and promote the cooperation and co-governance of copyright law and other department laws,make legal guidance and industrial reform go hand in hand.According to the above ideas,in addition to the introduction and conclusion,this paper is mainly divided into five parts:The first part reveals and analyzes the circumstances and causes of unfair pricing in academic literature database.This part reviews the operation of academic literature database from three perspectives: business model,industrial chain structure and industrial characteristics of academic literature database,and then points out the unfair pricing of academic literature database and its two forms.On this basis,the paper proves that the crux of the problem of unfair pricing lies in the monopoly of copyright resources caused by the exclusive licensing agreement,and lays the foundation for the selection of subsequent regulatory approaches.The second part analyzes the two legal regulation approaches to the unfair pricing of academic literature database,and points out its limitations and difficulties.The anti-monopoly law and the price law directly point to the monopoly pricing and pricing problems,and both have the logic and plan support of intervening regulation,but both have difficulties in the regulation process and effect,and it is difficult to completely remove the root cause of the problem.Therefore,it is difficult to solve the fundamental problem of unfair pricing of academic literature database by relying on the above two modes,and it is necessary to find another regulation path.The third part expounds the necessity and feasibility of copyright law to regulate the unfair pricing of academic literature database.This part focuses on the tendency of alienation within the copyright system and the external institutional support provided by the proprietary license for legal monopoly.This part also explains the role of copyright in the unfair pricing of academic literature database,and points out the necessity of copyright regulation approach.At the same time,the paper reviews the attempts to break the exclusive licensing mode in the current external open access sport and the digital music field,and draws experience from it,which can be used as the feasibility basis for regulating the price issue by copyright law.The fourth part demonstrates the legitimacy of breaking exclusive license by copyright approach,chooses specific regulation scheme and analyzes its feasibility.This part demonstrates the legitimacy of breaking the mode by copyright through the influence of exclusive license on competition and the development of the industry.On this basis,the paper analyzes and compares the specific solutions,and chooses the Creative Commons license as the breakthrough idea.Finally,the feasibility of the regulation scheme is further demonstrated from the cost,benefit and benefit equalization effect of Creative Commons license.The fifth part puts forward some suggestions on copyright regulation of unfair pricing in academic literature database.Firstly,the theory of balance of interests should be taken as a guide to coordinate and balance the interests of all parties in the academic industry.Secondly,it is necessary to build relevant supporting system and operation mechanism around to ensure the implementation of open access mode.Finally,we should pay attention to the coordination between copyright law and other departmental laws,jointly promote legal regulation and industrial reform to solve the pricing problem.