音乐产业“全面数字化”与中国著作权法三十年

The Mass digitalize of music industry in China, can be divided into three periods, which are “Piracy and Free of Charge” (2001-2010), “Authorized and Free of Charge” (2011-2016) and “Authorized and Charged” (2017-2021). The change of music industry was deeply affected by copyright law since it enacted in 1990. Due to the lack of rights for online transmission in the first edition of copyright law, music industry was forced into mass digitalized mode by illegal dissemination online. After intervened by the government, transaction order in music copyright market was finally revived, and music industry was highly regulated, which means the regular system is no longer effective. Therefore, music copyright in China has confronted unique circumstance that should be settled by two approaches. First, exclusive license should be considered as a private order that copyright owners used to replace collective license. Second, collective license in copyright law should be opened for internet service providers and copyright agencies other than collective management organizations.