A Study On The Collection And Distribution Of Music Royalties Under The System Of Copyright Collective Management In China

In recent years, China's collective copyright management organization's work is gradually progressing, due to this cause is still in its infancy stage in China ,there are many disputes in practice, particularly in relation to music royalties.Copyright collective management organization is an indispensable role in the music copyright industry, their natures, statues, the way they work, legal provisions and requirements, all these factors play vital impact on the development of the whole industry. For music copyright collective management organizations, the collection and distribution of music royalties is not the only work but this part is absolutely the most important link and main content in their whole work, also one of the main purposes of their establishment. How to collect and distribute royalties is the most meaningful topic for users and copyright owner. How to reflect its value and make a better balance of interests between both sides, both of them achieved through the collection and distribution of music royalties.This paper is divided into three main parts, in chapter one make a brief analysis of music copyright industry, the collection of music royalties hasn't start until 2007, that's a great progress in the whole music industry, as the theoretical basis of this paper, then presents the basic theory of collective management of copyright, and analysis china's situation in this field. Chapter two is about the collection of music royalties, in this part mainly analyzes the subject and object of charge, standard and method of charge. In practice standard and method of collection is still controversial, and the standard of collection is even the focus of social criticism, so we should establish an appropriate dispute settlement mechanism. Chapter three is about the distribution of music royalties, in this part there are two steps, step one is that the copyright collective management organization extract a certain percentage of fees as management fee, the remaining distribute to each members, but currently the management fees that the organization extracted account a high proportion of total, and there isn't a transparent and feasible mechanism restrict how to distribute the remaining amount to copyright owners.Every details needs different legal mechanisms to adjust it, but from the macro level we can see all these problems have a common cause that is the highly monopoly statue of the copyright collective management organization in china. So we should introduce a moderate competitive mechanism, at the same time appropriate legislation is equally important, through these two ways working together to make a better balance between each party to promote the healthy development of the industry.