Legal Research On The Market Power Of Copyright Collective Management Organization

Copyright collective management organizations(hereinafter referred to as "collective management organizations")exercise copyright and related rights in the form of collective management through the authorization of the right holders.Since the establishment and subsequent development of collective copyright management organizations in China are the result of the power of administrative authorities,and the organization's "uniqueness" at the legislative level,it has concentrated a large amount of copyright.It is precisely the scale effect of these centralized rights that makes it have strong market power.For copyright collective management organizations,a certain market power is to ensure the realization of its default functions and improve the efficiency of transactions in the copyright market.As a private right,copyright is executed by collective management organizations in the process of market transactions in order to maximize the interests of right holders.In contrast to the absence of a collective management organization,it does improve efficiency and solve transaction costs.However,since the monopoly mode was adopted in the collective management system of copyright in China,there have been some problems,such as strictly restricting the establishment of organizations,withdrawal of members,harming the interests of right holders and restricting the free competition of the opponents;charging high management fees in the process of the management of copyright owners' works,actually controlling the pricing right of licensing fees for the use of works,ignoring the relevant stakeholders;conducting a single copyright licensing transaction,forcing users to accept a package of centralized licensing,ignoring the interests of small and medium-sized users,and so on.This shows that,in the process of copyright management,when the copyright collective management organizations exceed the necessary limits permitted by law,there is the possibility of abusing market power,and the harm caused by it tends to expand further.From the very beginning,the collective management organizations of our country have relied on administrative power to form market power,and have been able to establish the present copyright trading platform.It is because of excessive administrative support that its restrictive provisions are so lacking,which hinders the development of copyright industry in China.The lack of supervision system further deepens its monopoly position,and the abuse of power cannot be effectively monitored,resulting in the protection of the rights and interests of rights holders and users,and the crisis of trust.The imperfection of the current copyright and anti-monopoly legal system further makes themarket power of copyright collective management organizations unable to be effectively regulated.According to the nature of the copyright collective management and transaction of the copyright owner's representative right holder,it is engaged in business activities and should be subject to the regulation of China's Anti-Monopoly Law.In fact,the collective management organizations have also implemented anti-monopoly laws by virtue of their strong market power and the exclusion and restriction of competition.Therefore,in order to ensure that the role of copyright collective management organizations can be maximized,it is necessary to ensure that their behaviors are maintained within the limits of “necessary market power”.Because our country lacks sufficient long-term experience in the operation of copyright collective management organizations,it is necessary to learn from foreign methods of dealing with market power issues.In view of the above problems,firstly,we need to optimize the mode of collective management of copyright,establish a moderate competition mode,and protect the free choice of members;secondly,we need to improve the collection mechanism of licensing fees and management fees to solve the cost standards and disputes;finally,we need to improve the conditions and types of copyright licensing,cancel the exclusive restrictions on licensing and add licensing types.