Research On The Anti-monopoly Of Copyright Collective Management Organization

Copyright Collective Managem ent System is a m ajor innovation of copyright management, has played an im portant role of intermediary transactions between copyright holders and users of works for the,prom oted and protected the rights of copyright holders related to the use of works, a nd also have a negligible contri bution to spreading. Since 1992, the first copyright collective management organization took root in our country, after 20 years of rapid developm ent, has established five copyright collective m anagement organizations, cover in the field of text, audio, movies, and achieve collective management. But subjected to legal environment,coupled with inadequate endogenous copyr ight collective m anagement organization. The serious constraints of copyri ght collective m anagement organizations to further develop the functions of such status of copyright collective management organization development far from satisfactory, and its m onopolistic behavior from this system directly into the crater of public opinion. The legislat ion gives the copyright collective m anagement organization a natural monopoly position, bu t it did no t improve relevant monitoring mechanisms, in particular the anti-m onopoly laws and regulations for long-term out of position copyright collective management organization, but also makes th e copyright collective management organization abuse of monopoly position to becom e the current constraints the biggest obstacl e to the developm ent of copyr ight collective m anagement organization and functions of the play. Therefore, this article focuses on copyright collective management organization antitrust regulation, is divided into four parts:The first p art focuses on the or ganization to accept th e anti-monopoly regulation necessary. Conduct from the legi slative pattern analysis, it de scribed two kinds of m ain current legislative model of the pros and cons, risk analysis there is a monopoly organization in different modes. And from the function and value of the system, analyzes the organizational monopoly harm elaborate copyright collective management organization to accept the necessary antitrust regulations.The second part des cribes the ex perience of extraterritorial organizations antitrust regulation. Introduced Germ any, and the United States regulatory e xperience, regulatory analysis process concepts and m ethods, to pr ovide a reference for the governance of such problems.The third part, analyze the reasons for the current development status of the organization, the organization cited specific a buse of monopoly, in practice, su ch as the exclusive license requirements, the quasi threshold set unreasona ble, blanket licensing, conduct and analysis resulting in copyright m onopoly abuse, in cluding administrative strong color, poor supervision.The fourth part focuses on how to avoid th e current copyright collective m anagement organization abuse of monopoly position, in sisted from the balan ce of interests, th e introduction of limited competition in the market m echanism, improve supervision and appropriate, reasonable coordination of collective m anagement of copyright, the copyright owner, the interests of people use all three parties.