On The Legal Status Of Copyright Collective Management Organization

Today, copyright has been paid more and more attention with the continuous development of cultural industries. The contradictions often occur between copyright holders and Copyright Collective Management Organization (CCMO). Because the reason is that CCMO System is not perfect in China, CCMO is a monopoly, it infringes on the rights of copyright holders. The United States and Germany is typical of the different legal status of CCMO, they are representatives of equal and model CCMO. CCMO System have advantages and disadvantages, the key is can able to adapt to national conditions. China should learn from the mature experience of the United States and Germany and combined with our specific national conditions, out of a road suitable for our CCMO. The author suggests that the legal status of the CCMO is positioned as a monopoly within a reasonable range and encourage competition within the same range. The name is "Reasonable monopoly, limited competition""Reasonable monopoly, limited competition" is a new copyright collective management model, it combines the advantages of the monopoly model in Germany and the United States competitive mode. Take into account the development of copyright and cultural industries in China."Reasonable monopoly" means within the scope of the same copyright. Determined by the law can set up several CCMO. Within the scope of the collective management organization to achieve the statutory amount, the law no longer allows new collective management organizations established."Limited competition" refers to CCOM can free competition, survival of the fittest. So, Collective management organization in copyright activities placed in the legal status of "reasonable monopoly, limited competition," This is the most appropriate way of China's copyright collective management.