| The characteristic of musical works is that their communication depends on the sound recordings of musical performance.The main channel for the public to appreciate music in the pre-network era is to purchase phonorecords of musical performance,while in the network age,it is to on-demand stream or download sound recording of musical performance.When a large number of copyright owners of musical works grant exclusive licenses to produce,distribute and make available through the network the sound recordings of their musical works,the public's interest in appreciating performance of musical works in various styles will be adversely affected,and the diversity of music culture will be impaired.So imposing limitation on exclusive license by non-voluntary license is justified.Meanwhile,in order to provide on-demand streaming and downloading of the sound recording,it is also necessary to get the license of a sound recording of musical performance from the performer and the producer.When all producers grant one digital music service platform exclusive license to stream or download the overwhelming number of sound recordings,the main channel for the public to appreciate music will be monopolized.Based on the reality that the physical market of musical sound recording is diminishing in China,it is justified to intervene in such exclusive license.Compared to imposing non-voluntary license,setting legal limits on the duration of exclusive license is more advisable. |
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