On The Rights Of The Copyright Collective Management Organization Abuse Of Judicial Relief

The copyright collective management organization in our country should provide Trading license service for copyright owners and users, but gradually formed a monopoly position in the market and abuse their rights due to the Collective Management of Copyright Ordinance and the administrative department of the "special protection". There are serious infringement of the rights of copyright owners and users. In front of the copyright collective management organization abuse their rights, the way of Existing administrative remedies can hardly regulation of monopoly. And is currently a great deal of research about the copyright collective management organization in China stays on the nature of the collective management organizations, value or management mode selection. Notwithstanding our attention on the problem of abuse of rights, there is little specifically put forward to improve the view of the right to relief. But now the top priority should be to how the rights have been violated, or the infringement of the copyright owner and user for effective relief. Judicial relief as a right to relief in the most direct and effective relief,although China’s Copyright Law and the Copyright Collective Management Regulations in some of the requirements, almost all remain very simple and rough on the surface of the rights. There are Unable to carry out the operation in practice.Copyright collective management organization signed the enrollment agreement or signed the licensing agreement with copyright owner and user is belongs to civil contract, However, the contents of the contract in respect of the income distribution, and use of the copyright holder paid standards are copyright collective management organization party laid down in advance, And only one kind of work in our country corresponding copyright collective management organization, that the right people have no choice. So the rights can refer to our country "contract law" article54: unconscionability at the time of the conclusion of the contract, the aggrieved party is entitled to request the people’s court or an arbitration institution to modify or revoke, or from the "Trust Law","anti-monopoly Law "to find a basis for judicial relief.In this paper, using the method of hermeneutic method, comparative research method to demonstrate the rights of the copyright collective management organization abuse judicial reliefs. From the existing administration of justice and the legal framework to identify the anchor of judicial relief, and comparative analysis of the German administrative mode and the United States market competition mode, to see the right people from the administration to the market, from the legislative to the judicial remedies to consequences of inspiration. Eventually put forward concrete proposals to the abuse of judicial remedies to improve the rights of copyright collective management organization in China.