Governance dilemmas and resolution paths of exclusive licensing for digital music copyright
数字音乐版权独家授权的治理困境与破局之路

摘要

近年来，数字音乐版权独家授权引发诸多争议。独家授权带来竞争优势，有利于版权收益，但同时也易产生垄断、消费者权益减损及合法性等问题。基于此，以版权法的方式解决相关反垄断的问题是学术界的研究热点。区别于传统的版权授权，平台化时代的版权许可呈现出许多新特征，版权人的发展也必须借助平台。因此，在保护版权人权益的同时，也要确保市场竞争的公平和效率，有必要在新环境下改进集体管理和集中授权。数字音乐版权独家授权的治理是长期复杂的过程，需各方共同努力，实现行政监管、产业发展与社会整体利益之间的平衡。

Abstract

In recent years, exclusive licensing for digital music copyright has sparked numerous controversies. While such licensing confers competitive advantages and is conducive to boosting copyright revenue, it is also prone to giving rise to a series of problems including market monopoly, impairment of consumers' rights and interests, and disputes over the legality of licensing practices. Against this backdrop, addressing the relevant anti-monopoly issues by virtue of copyright law has become a research hotspot in academic circles. Different from traditional copyright licensing, copyright licensing in the platform era presents many new characteristics, and the development of copyright owners is inevitably reliant on digital platforms. Therefore, on the premise of protecting the legitimate rights and interests of copyright owners, it is equally important to ensure the fairness and efficiency of market competition. It is necessary to improve the systems of collective management and centralized licensing of copyright in this new context. The governance of exclusive licensing for digital music copyright is a long-term and complex process, which requires the joint efforts of all stakeholders to strike a balance among administrative regulation, industrial development and the overall social interests.