Research On Monopoly Of Copyright Collective Management Organization In Our Country

Collective copyright management As a bridge connecting the right holders and users of the license,collective management organizations can not only coordinate the relationship between the two,is an important premise to promote the wide dissemination of works.However,the collective management system started late in our country,and the legal system is still not mature,and it is still facing many difficulties and challenges.Among them,copyright collective management organization’s current monopoly problem is the biggest hindrance in this organization’s development and a difficult problem urgently to be solved.The copyright collective management organization was endowed with a natural legal monopoly position at the beginning of its establishment.On the one hand,administrative organs,beyond the scope of supervision,excessively interfere with and restrict the normal operation of organizations,making organizations inherently official,thus lacking independence and difficult to effectively play their functions.On the other hand,the choice of monopoly mode makes the organization unique,lack of healthy competition environment,easy to cause the abuse of power.So far,in order to promote the good operation of the organization,regulating its monopoly position has become the top priority.Replace the specific administrative intervention with macro guidance,prevent the interference of public power at the source,remove the official nature;At the same time,limited competition should be introduced to allow qualified collective management organizations to enter the market,and the uniqueness of organizations should be banned to cater to the diversified development of copyright.The internal management mechanism of collective management organization is not perfect,which is one of the manifestations of organization abuse of monopoly position.The contradiction between members and organizations is the main manifestation of internal governance failure,including the imperfect access and withdrawal mechanism,the phenomenon of discrimination against members,deliberately raising the entry threshold for copyright owners with little reputation and few works,and at the same time,in order to maintain the number of works library and attract more users,setting harsh exit conditions to restrict members’ withdrawal.To this end,if the collective management organization wants to run healthily and continuously,it not only needs to break the natural monopoly position,but also needs to improve the internal management of the organization and break the monopoly deadlock.Among them,improving the access and withdrawal mechanism of members is an important step,which needs to guarantee the equal right of members to join the association,and prohibit the restriction of the freedom to withdraw from the association.The problem of collective management organization monopoly will intensify the unequal status between organization and right holder.In the face of collective management organization,the bargaining power of copyright owners is obviously insufficient.On the one hand,copyright owners lack of free choice in the way of authorization,and can only be forced to accept the organization’s standard contract.Therefore,the licensing rules should be re-set,the single exclusive licensing mode should be changed,and the copyright owners should be given the choice of space.On the other hand,the power of the general assembly is imaginary,which leads to the serious limitation of the right holder’s reasonable appeal expression path.Therefore,we should optimize the member assembly system,let the right holders really participate in the organization and management,do their own interests,and check the monopoly position of collective management organizations.The lack of user rights protection will indirectly strengthen the monopoly position of collective management organization.On the one hand,the licensing method of works is single,users must accept the package licensing method formulated by the organization,and the choice space is limited.By adding a single license,we can give different types of users the choice of space,and improve the licensing and use efficiency of works.On the other hand,users lack effective relief means,there are no door to litigation,high cost of rights protection and other problems,so the dispute resolution mechanism should be improved,and special dispute resolution institutions should be set up to protect their own interests while regulating the monopoly position of the organization.