互联网版权治理中的“自治”与“管制”协同

Under the pattern of Internet industry leading copyright industry, copyright implementation in China gradually formed a unique way characterized by ''administrative intervention'' working over ''industry autonomy''. In early stage, it helped copyright and Internet industry quickly establish a reasonable authorization relationship, effectively controlling the large-scale infringement problem and achieving excellent implementation effects. However, with increasingly complex formats of Internet industry in new stage, this model starts to arise quite controversy due to its highly involvement in self-negotiation supposed to be closed by market players. Therefore, the boundary of ''administrative intervention'' should be strictly limited to the category of ''public interest'' in copyright law, and the tendency to generalize explanations should be restrained by distinguishing between general competitive behavior and the other ones that harmed public interest. Further more, administrators need to regulate how ''administrative intervention'' mode should work and rationally tell the difference between business competition that is '' No need to intervene '' and market chaos that is '' Still need to intervene''. By leaving the choice of picking the proper licensing model and accepting the filtering mechanism or not to local industry entities themselves, they could finally enjoy sufficient ''Private Ordering'' in copyright implementation and find their own way to explore new business models at the end of the day.