At the 9th China International Music Industry Conference, Zhou Yaping, Director General of the Audio Collection Association, delivered a speech entitled "The Road to Breakthrough of the Music Content Industry in the Digital Environment". He pointed out that the super Internet online music platform serves as the formulation of game rules. They entered the record company business through dimensionality reduction and monopolized content dissemination and consumer big data, forming an entertainment empire that integrated everything from content to dissemination channels, leading to the ecological deterioration of the online music dissemination platform. While the music Internet platform was making rapid progress, , content producers cannot share the dividends of their works being widely disseminated. Therefore, music antitrust should be further strengthened. Zhou Yaping's speech attracted widespread attention and discussion in the industry, and also provided us with an opportunity to directly and clearly reveal the antitrust status and problems in the online music industry from the perspective of the music content industry.
Zhou Yaping pointed out that the purpose of antitrust is to "shackle" such super Internet platforms with monopoly status: first, as a chessboard platform, it cannot abuse the rules and implement different national treatment for record companies; second, super Online music platform companies cannot reduce the dimensionality and enter the business of record companies, but should constantly optimize their infrastructure services so that the record companies and music rights holders operating on them can continuously improve their efficiency; thirdly, platforms cannot monopolize the dissemination of works and consumers. The big data resources and benefits of the platform are public assets, and the value and benefits created by the platform should also be returned to industry enterprises and the public through multiple channels through new system design.
Antitrust in the music industry needs to be further strengthened
From the perspective of the music content industry, the super Internet online music platform has entered the field of content production through the vertical concentration of operators through the acquisition of a large number of record companies, thereby forming a monopoly on content from the copyright level, and in The platform implements differential treatment of settlement and traffic, which leads to the deterioration of the platform ecology. Record companies are unable to obtain real data on the spread of works on the platform, and are forced to accept unreasonable licensing terms and unreasonable royalty rules. They are also unable to obtain reasonable returns and cannot obtain from the platform. More benefits and incentives are obtained from fair market competition, while innovation is suppressed.
For consumers, the monopoly of music content by super Internet platforms has led to the simplification of platform content, high prices, and low-quality services. So far, consumers still cannot listen to all songs on the same App; consumers cannot enjoy the price concessions and service improvements brought by market competition, but can only endure the high charges and inefficient services of super Internet platforms.
Therefore, the digital music industry needs to further strengthen anti-monopoly in the online music industry to ensure fair market competition, safeguard the legitimate rights and interests of consumers and rights holders, and promote the innovative development of the music content industry.
The progress and shortcomings of antitrust in the online music industry
In July 2021, the State Administration for Market Regulation banned the exclusive copyright barriers between super Internet platforms. Two years later, the online music distribution market is turbulent under the seemingly calm surface. Super Internet platforms have adopted vertical acquisitions of ordinary companies to achieve copyright monopoly through control of content companies, secretly exclusive copyrights and illegal implementation of content companies. The same national treatment is still the trump card for Internet super platforms to achieve huge profit growth. Therefore, the monopoly of super Internet platforms has not been eradicated.
Currently, antitrust in the online music industry is far from enough. Super Internet platforms still maintain their de facto exclusive copyright status through the above-mentioned more covert methods, and by signing high sub-licensing fees with other platforms, setting excessive share ratios, limiting playback volume and other conditions, making other platforms unable to afford or Use its authorized copyright resources; hinder or interfere with other platforms' use of copyright resources other than its authorization by signing exclusive cooperation agreements with other platforms, setting unfair competition terms, adopting technical means, etc.; by signing long-term cooperation agreements with other platforms, Set automatic renewal terms, adopt malicious bidding and other means to prevent or exclude other platforms from directly cooperating with the original copyright owner.
These practices not only violate relevant antitrust regulations, but also damage the legitimate rights and interests and market competitiveness of other platforms. These practices are actually a disguised continuation and replacement of exclusive copyright agreements, and they are an avoidance and challenge to antitrust supervision.
Suggestions and prospects for antitrust in the online music industry
In order to effectively solve the antitrust issues in the online music industry, improvements and improvements should be made from the following aspects:
First, strengthen the antitrust supervision of super Internet platforms, and strengthen the antitrust supervision of the platforms. The concentration of vertical operators that enter ordinary enterprise business through dimensionality reduction will be reviewed and prohibited in accordance with the law, and their monopoly on copyrighted resources, traffic portals, algorithm technology, etc. will be broken from the source. Relevant departments should intensify antitrust law enforcement against super Internet platforms, and severely investigate and punish their violations of antitrust regulations, abuse of market dominance, vertical concentration of operators, unfair competition, tying and bundling, discriminatory treatment, etc.
Relevant departments should also formulate and improve relevant norms and standards, prohibit platforms from entering ordinary company business, require platforms to improve and optimize infrastructure, realize data sharing, algorithm transparency, traffic distribution, etc., and promote fair competition and cooperation between Internet platforms .
Second, enhance the role of copyright collective management organizations and protect the reasonable benefits and development space of small and medium-sized rights holders from intermediate links. Copyright collective management organizations should give full play to their functions of representing the majority of small and medium-sized rights holders in equal consultation and authorization with communication giants, and provide more choices and opportunities for small and medium-sized rights holders.
Third, promote the innovative development of the music content industry and improve consumer experience and satisfaction from the terminal. The music content industry should also focus on consumer needs and preferences, and continuously improve the quality and level of music content and services, such as personalization, socialization, interactivity, etc.
In short, antitrust in the online music industry is a long-term and arduous task that requires joint efforts and cooperation from all parties in the industry. Only by realizing anti-monopoly in the online music industry can the healthy development and prosperity of the music content industry be promoted.
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