Title: Practices of collective management of copyright on musical works and related rights on audio-video products in China
Authors: Zonghui Li; Wenting Cheng
Addresses: Law School of Hohai University, Xikang Road No. 1, Gulou District, Nanjing, Jiangsu, 210098, China ' Regulatory Institutions Network, School of Regulation, Justice and Diplomacy, College of Asia and the Pacific, The Australian National University, Acton ACT 0200, Australia
Abstract: Collective management of copyright on musical works and audio-video products in China had a late start in relation to the global pace. There are currently five collective management organisations (CMOs) in China, with the Musical Copyright Society of China for musical works and the China Audio-Video Copyright Association for audio-video products being the most dominant. This paper identifies three problems in the institutional design of copyright collective management in China: vague standards for jurisdiction, weak regulation of the CMO monopoly, and the quasi-official status of CMOs. It also discusses three controversies in relation to these collective management practices: the controversial standard setting of licensing fees, the lack of transparency in the distribution of licensing fees, and difficulties that CMOs face when undergoing litigation processes. The paper argues that these controversies can be better managed by establishing regulations on abuse of monopoly power by CMOs, the proper use of their quasi-official status, and an improvement in judicial techniques and transparency in governance.
Keywords: copyright collective management; musical works; audio-video products; AV products; collective management organisations; CMOs; related rights; China; music copyright; transparency; licensing fees; litigation processes.
International Journal of Intellectual Property Management, 2015 Vol.8 No.1/2, pp.78 - 106
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