Research On The Dispute Resolution Of Royalty Rates Of Copyright Collective Management Organization

The popularity of short video,live broadcast and other ways of communication has led to the rise of the wave of User Generated Content,and massive works and their fragments have become the material for re-creation,and it is often random and high-frequency.Similar to the use of musical works,it usually involves multiple works,multiple rights holders,and multiple subdivided rights.The collective management system was born to solve this problem of right fragmentation,and the issue of royalty rate is the core issue in the operation of the system.The author believes that it is a more efficient and low-cost way to set up a separate dispute resolution mechanism to deal with such problem and balance the interests of all parties.Based on the current situation of China’s collective management system and the existing problems of the dispute resolution mechanism of royalty rate,combined with the third revision of the "Copyright Law",through the investigation of the dispute resolution mechanism of the foreign collective management organization’s royalty rate,the overall situation and development trend of the dispute resolution mechanism were analyzed,and the possible directions for the improvement and construction of the dispute resolution mechanism for the royalty rate of copyright collective management organizations in China were discussed in depth.Fully analyze the legislative and practical experience of typical countries or regions,and summarize the experience that can be applied to China’s collective management system,it puts forward suggestions for the development and improvement of the dispute resolution mechanism for China’s copyright collective management organization’s royalty rate,hoping to help improve the predicament between China’s copyright collective management organizations and users regarding tariffs.The first chapter is the clarification of relevant concepts,which leads to the issue of tariffs and the main parties involved in the problem;Then it introduces the disputes about the issue of tariffs,including the causes and manifestations of the disputes.From the source of the issue of the tariffs-the formulation of the tariffs to the disputes and contradictions in reality after its implementation;The second chapter focuses on the settlement mechanism of disputes of the tariffs.Introduces the situation and existing problems of its dispute resolution in China.Including the relevant provisions of China’s legislation,law enforcement and judicial practice.The third chapter makes a comparative study on the relevant norms and practices abroad;In the last chapter,the author puts forward specific suggestions for the improvement of this problem,such as setting up a separate dispute resolution mechanism,further improving the tariffs setting procedure and so on.