Study On The Regulation Of Antimonopoly Law To Copyright Collective Management Organization

An organization for copyright collective management(hereafter as the organization)is a nonprofit organization whose main purpose is to manage right-holders' copyright or other copyright-related rights upon the authorization of right-holders.The organizations own high incentive and capacity to infringe anti-monopoly law because not only that IP is owned exclusively,but also the organizations collected IPs.Thus,it is significant to research how to regulate these organizations used by anti-monopoly law.In order to research this project,it should analyze the nature of the organization and its conducts in the first.Firstly,the paper confirms that the organization is one of the regulating objects of the anti-monopoly law.Secondly,the author doses the classification research about its monopoly conducts.Thirdly,the author analyses the influence to China mainly made by USA and EU's legislation and empirical experience.To be more specific,these legislations include art.1 and 2 of Sherman Act and art.101 and 102 of TFEU(the Treaty on the Functioning of the European Union).What's more,the principle empirical experience infers to “Per su rule” and “rule of reason” created by American case law.The organization's monopoly conducts mainly conclude abusing dominance and signing anti-competitive agreements.The composite conditions of abusing dominance contain that the subject owns dominant position in the relevant market and the subject has done monopoly conducts and so on.Whether the organization packaging licenses together constitute abusing dominance on the condition that it owns dominance should be analyzed used by “rule of law”.In most American cases,the authorities considered this kind of behavior constituted monopoly.In addition,the organization's refuse conducts which made others can not use relevant copyright should be prohibited because it violates legislative spirits.The organization's exclusive authorization right made it own dominance in the relevant market,and thus American authorities hold an idea the exclusive authorization constitutes monopoly,but EU authorities have different opinions that they think exclusive authorization is reasonable because organization's specific characteristics.The organization's anti-competitive agreements manly refer to organizations' agreements and other coordination behaviors which make organization's management more convenient.In practice,these kinds of behaviors are often considered illegal because that they are often relevant with discriminating members,refusing to licenses and tying.In our country,the organization is confirmed to own nature monopoly position in law.Before the implementation of Anti-Monopoly Law,it was regulated by Regulation on the Copyright collective management.After the implementation of Anti-Monopoly Law,according to Article 55,the organization's monopoly conducts are regulated by Anti-Monopoly Law.However,there are no detailed rules which provide how to regulate organization's monopoly conducts.Thus the authors put forward the following suggestions.Firstly,it is necessary to modify organization's exclusive authorization to non-exclusive authorization.In particular,it is in accordance with the reality of our country that the copyright owners reserve the right by themselves.Secondly,because of the development of hi-technology,the need for packaging licenses has diminished,and a single license which has no large influence on right-holders can be realized from perspective of technology.Thirdly,other problems such as discriminating members through setting harsh terms and signing agreements on behalf of each other can be solved by improving rules.