The Study On The Issues Of Collective Management Of Music Copyright In China

Collective management of copyright,as an important institutional of the Copyright Law,essentially authorizes third parties to centrally and uniformly manage the property rights in works,and unleashes the greater economic and social value of the works,ultimately achieving the maximization of the interests of authors and the overall interests of society.However,since the establishment of the collective management system for copyright in China,and influenced by various factors such as organizational nature and management mode,The management efficiency and social recognition of copyright collective management organizations are still unsatisfactory,so it is urgent to strengthen copyright protection,optimize and innovate the copyright collective management system.Especially in the context of the rapid development of network communication technology and the increasing demand for music works,collective management organizations in the field of music works have exposed more management problems in practice.Therefore,it is necessary to focus on enhancing theoretical research on the collective management system of music works copyright.In 2020,China revised the Copyright Law for the third time,in which the collective management system of copyright was greatly revised,which put forward higher requirements for the management ability of the Chinese Music Association.However,the collective management system of music copyright is not working well in China,and there are outstanding problems in the management process of organization establishment,authorization,licensing and charging.First of all,as an important participant in the management of music works,because it has a statutory monopoly position at the beginning of its establishment,it is easy to cause subsequent abuse of market dominance;Secondly,in the market where the copyright owner authorizes the management of works,the legal relationship and legal attributes involved in the management process are not clearly defined in our legislation,which leads to differences in judicial application and leads to the dilemma of suspected infringement in legal agency behavior;Thirdly,in the licensing market,for the problem that non-members can’t authorize and defend their rights,in the licensing practice of collective management,there are often infringement disputes caused by the Music Association authorizing non-member works through a "package license agreement",so whether it is necessary to transplant the missing extended collective management system remains to be discussed;Finally,in the collection and distribution of license royalties,the rate standard of work license has not been widely recognized by rights holders and users,and the low distribution ratio of license royalties has also become an important reason for copyright owners to refuse collective management.Therefore,in view of the difficulties existing in the management process of the above-mentioned collective management organizations of music works,we should first clarify the nature of the collective management organizations of music copyright,and distinguish them from the agency behavior of agency companies,construct a moderate monopoly model suitable for China’s national conditions and regulate monopoly behavior;In balancing the interests of obligees and the public,we should explore the extended collective management rules that are in line with China’s localization,and at the same time build a rights protection mechanism for non-member rights holders under the guidance of the principle of interest balance;Increase the autonomy system involving the use subject in the collection standard and distribution of license fees,and seek a more economical and efficient formulation procedure and dispute resolution mechanism besides consultation.The solution of this series of problems is conducive to giving full play to the functions of collective management organizations,further improving the licensing efficiency of music works,and playing a vital role in safeguarding the rights and interests of copyright owners and users and ensuring the overall prosperity of social culture.