To Investigate The Mechanism Of Prevention Of Monopoly Problem Of China Music Copyright Collective Management

With the development of science and technology, whether it is from the exercise of the rights of the copyright owner and the protection, or for the dissemination and development of cultural perspective, the copyright collective management is an indispensable means of. Specific to the spread and development of copyright protection of music and music culture, music copyright collective management is particularly important, the bridge role of music copyright collective management organization plays in the music copyright and music works is no substitute for. The system of intellectual property protection compared to China music copyright collective management organization in the world more mature country, started relatively late, development is relatively slow, the related system is not too perfect, and the relevant provisions of legislation is lacking. It is because of the drawbacks mentioned above, China music copyright protection is weak, the development of music copyright market is also more confusion. Specifically, in our country, China music copyright association is currently the only music copyright collective management organization, the right Chinese initiated by the national copyright administration and China Musicians Association, in this case, is the official, the only obvious China Music Copyright Association, this is music works power management has brought the unified fast convenience, but it is very easy to cause the monopoly position China Music Copyright Association in China music copyright market. From the Chinese music copyright collective management organization right source model point of view, China music copyright collective management organization from the music copyright office to obtain exclusive licenses, current situation and outlook of China’s collective management organization, due to the lack of effective checks and oversight mechanisms, the domestic market is not music copyright the formation of uniform and transparent regulation, especially at present in our country, collective management of copyright licensing fees lack the scientific establishment mechanism. On this basis, the copyright law amended third times according to the experience abroad, in the practice, expansion of the related content, extension of the collective management system and the introduction of the copyright, the practice has aroused great repercussions industry. The extension of copyright collective management system still have important benefits, the system can not only ensure the legitimacy in the works using the work, reduce transaction costs, enhance economic efficiency, but also balance the copyright holders, using human and social conflict of interest between the development, the development scale China music works the right of association is also be of great advantage. From the practice of rich and the perfect angle to the relevant provisions of the copyright law,"" the new repairing is beneficial exploration of the relevant system in legislation. But for the use of the provisions of the extension management, questioned all aspects of society but can be heard without end, the reason is not difficult to understand, despite China music copyright collective management organization management relatively low level does not say, the semi official nature with monopoly that has been enough to make the industry worried. It is because of China Music Copyright Society of monopoly in our country music performance rights field, suitable for the extension of the regulations should take a prudent attitude, and the legislation should strengthen and supervise the China music copyright collective management system, namely, to give the anti-monopoly measures, to the main the market equilibrium of music copyright, equality.