关键词: 数字平台, 独家版权协议, 公私合作治理

Abstract: In recent years, exclusive copyright agreements by digital platforms have repeatedly touched on the issue of monopoly. However, under the premise that the copyright law does not restrict the proprietary license, the traditional anti-monopoly supervision may have some problems such as poor post-supervision effect and insufficient incentive for self-compliance of digital platform enterprises, and it is unable to achieve the platform anti-monopoly goal of “regulation and development”. It is urgent to introduce a new governance model to change the governance concept and governance means. Different from the traditional anti-monopoly model, the public-private partnership governance model emphasizes multi-subject, multi-means, and full-chain regulation before and after the event. In order to deal with the public risk of exclusive copyright agreements of digital platforms, measures should be taken as follows. In terms of governance basis, expand the scope of legal license and limit the term of exclusive license; in terms of supervision means, construct full-chain regulation mode of presupervision by industry associations and post-supervision by anti-monopoly organizations, and regulate exclusive copyright agreements of digital platforms; in terms of governance measures, add anti-monopoly compliance statutory liability exemption, create legal defense of digital platform exclusive copyright agreements, and cultivate an incentive mechanism for digital platform exclusive copyright agreement compliance.

Key words: digital platform, exclusive copyright agreement, public-private partnership governance