Research On The Development Dilemmas And Measures Of The Collective Management Organizations Of Copyright In China

The copyright collective management organization was originally an authoritarian organization established by the author to maintain the right to control the work and obtain economic benefits from it.It has been developed for more than two hundred years.Through the development process of collective management organizations,from helping authors to defend their rights litigation to the transfer of large-scale license fees,to the multi-licensing model of developing works to improve the efficiency of copyright licensing and reduce transaction costs,its functional orientation and value connotation has been a big change.The development of technology promotes the expansion of copyright law.When new communication technologies trigger new ways of using works,copyright owners try to incorporate this use into the copyright law rights system.The collective management organization began to assume the function of copyright licensing transactions in order to protect the rights of copyright owners and promote the wide dissemination of works when new communication technologies triggered large-scale use of works.Especially in the era of Internet technology,the creation methods,usage methods,and modes of communication of the works have undergone unprecedented changes.How to use new technologies to solve the problem of using large-scale works,and use digital information management technology to build new digital works.The licensing system is currently an urgent problem to be solved.The first chapter of this paper discusses the institutional dilemma faced by China's copyright collective management organizations from three levels.China's collective management organization is established by the government in order to comply with the international development trend,and is not formed by the long-term game of the industrial entities in the copyright licensing market.Because of this,the development of collective management organizations in China is hampered by government directives and market rules.The first is that the copyright administrative department has standardized the monopoly of collective management organizations in order to regulate the chaos of copyright licensing in China.Statutory monopoly leads to the lack of licensing channel competition and management mechanism competition in China's collective management organizations.Not only can copyright owners not control their own works outside the collective management organization,but collective management organizations themselves do not have enough motivation to improve management.The legal monopoly also caused the collective management organization to perform poorly in safeguarding the interests of copyright owners and the transfer of license fees,and did not develop a multi-licensing model that can meet the diverse needs of users of works.Under the current Internet technology conditions,large-scale mass use of works has become the norm.The traditional operation mode of collective management organizations in China cannot meet the needs of industrial entities,and the collective management system has once fallen into a state of failure.The second is that the collective management organization package licensing model is no longer in line with the diverse needs of works under the Internet technology,and this model deliberately ignores the difference in the actual use value of different works,which indirectly blocks the competition between the copyright owners for the works..In addition,the high management fees of China's collective management organizations and the mismatched management standards have deepened the copyright owners' distrust of collective management organizations.The third is that in the third system of the 2012 Copyright Law,in order to solve the problem of large-scale use of works in the Internet era,and to enhance the broad representation of collective management organizations,legislators introduced an extended collective management system.Caused dissatisfaction and condemnation from many copyright owners.Although the final draft of the revised draft reduced the scope of extended collective management to the scope of the selfservice song system,it was followed by the expression “other ways”,which greatly expanded the scope of application of the system.On the one hand,such a broad provision may lead to the abuse of market power by China's collective management organizations;on the other hand,such a broad provision is likely to be jeopardized in the absence of specific provisions on how to effectively protect the interests of nonmember copyright holders.The interests of non-member copyright holders weaken the private rights of copyright.The second chapter of this paper aims to demonstrate the operational mode that China's copyright collective management organization should choose.An effective mode of operation requires an in-depth understanding of the value connotation and changes of the collective management organization itself.The basis for the effective operation of collective management organizations is that copyright owners sign agreements for the management of their works based on the autonomy of will and collective management organizations.With the development of collective management organizations,collective management organizations with broad representation in a country's field have formed a de facto monopoly position.In order to protect the interests of the users of the works and the public,under the intervention of the government,the collective management organization is forced to join the value target of suppressing monopoly.For the type of operation mode,the monopoly mode and the competition mode have their own advantages and disadvantages.Although the free competition model provides copyright owners with multiple choices to join collective management organizations,it also encourages collective management organizations to continuously improve their management level in order to attract more members' copyright owners.However,the current development of collective management organizations in China is still in its infancy.Without a broad representation,a certain degree of monopoly is necessary for the effective operation of collective management organizations.Therefore,it is a rational choice for the development of collective management organizations in China to allow the copyright owners to maintain a certain degree of monopoly on the basis of non-exclusive licenses of collective management organizations.The third chapter of this paper discusses that China's copyright collective management organizations should create a multi-licensing model and a digital work licensing system in the Internet era.For the licensing model,competition channels should be appropriately liberalized to allow copyright owners to control their own works outside the collective management organization model.Secondly,to meet the needs of users of different types of works in the Internet age and new types of works,such as multimedia works.The complex issue of ownership of rights should develop a diversified licensing model.In addition,by drawing on the experience of the US Copyright Settlement Center(CCC)model,collective management organizations are now increasingly moving toward an "intermediate" state.It is imperative for collective management organizations to establish a digital work licensing system in the Internet era.By referring to the foreign iTunes Store model and Copymart concept,we can reasonably construct China's digital works trading platform.The fourth chapter of this paper discusses the issue of introducing the extended collective management system of copyright in China.The system originated in the Nordic countries in the 1960 s,and some countries currently apply this system to largescale works licensing issues that address cyberspace.The author believes that China needs to strictly limit the applicable qualifications,scope of application and specific schemes for safeguarding the interests of non-members in the legal provisions;and with the development of collective management organizations and the increasingly mature licensing mechanism,extended collective management system should be gradually established.