Copyright Collective Management Organization For The High Cost Of Antitrust Regulation Research

The collective management of copyright in China started late,but the development is rather rapid.In such a rapid development,problems often arise.Pass this paper,the collective management organizations of copyright charge high fees,combined with the relevant experience at home and abroad,and put forward the corresponding regulatory suggestions.This paper expects to avoid the copyright owner and the users blindly relying on the copyright collective organization through the proposal of regulation,to damage the legitimate rights and interests of the obligation.This paper provides reasonable suggestions for further control of the copyright collective management organizations to charge high fees,maintain market competitive order,maintain social public interests.This article is divided into four parlts.The first part introduces the improper behavior of the collective management of copyright from three cases,and tells the system is not open,transparent,and the collection of high fees.Through the case,the author analyzes in detail that the copyright collective organization abuse the market dominant position in the collection fees,excluding and restricting competition,violate the legitimate rights and interests of the obligation,and need the anti-monopoly law to regulate.The second part analyzes the necessity of the high fees legal regulation.In the behavior of high fees,the existence of the right holder and management organization,users of and management organization makes the copyright collective management become more important,but the copyright management organization should not charge high fees to limit competition,its charging behavior meets the condition of abusing market dominance.The third part analyzes the legislative status of high fees for high fees,starting from the perspective of laws,regulations and judicial interpretation,details the provisions of the collective management of copyright,and points out the method of regulating the collective management of copyright law.The fourth part describes the specific legal regulation of charging high fees.This paper first defines the behavior of high fees,points out that the collection of licensing fees should not be the statement of the collective management of copyright,but should consider various factors.Such as the dependence of the user' s business activities on the work,use of the scale and profitability of the work industry,market environment and consumption index.Then discusses the cognizance mode of the market dominance of the copyright management organization and the positioning of" abuse" behavior,finally points out that when the monopoly illegal behavior directly or indirectly to the victim to damage,the victim can seek relief according to the anti-monopoly law and some problems.