The Theory Of Copyright Collective Management Organization Of Antitrust Regulation

Copyright is a kind of private rights, as well as other property rights with monopoly and exclusive, but the exercise of copyright behavior should have boundaries. Copyright collective management organization as the holder of the authorization or mutual representative agreement or in the case of legal license for the rights of the copyright collective management embodied in the works with the user licensing contracts, licensing, and to collect and transfer fee.Copyright collective management organization as the exercise of the copyright,the exercise behavior of the copyright, should comply with the relevant legal provisions, if the copyright abuse of exclusiveness, eliminate or restrict competition in violation of the anti-monopoly law regulation, should be subject to the antitrust laws and regulations.Copyright collective management organization of monopoly is a double-edged sword. On the one hand, the copyright collective management organization in focus after a large number of copyright has scale effect, can effectively reduce the cost of individual rights and works users seeking authorization, to a certain extent, serves the common interests of the works of copyright owner and user. Monopoly of copyright collective management organization, on the other hand, it is easy to be abused, bring harm to the works of copyright owners and users. So, how to legally standardize the market behavior of copyright collective management organization, to prevent the abuse of copyright or abuse of dominant market position damage the interests of the use and the copyright owner of the work become issues of common concern.Most countries adopt the copyright law, specialized collective administration of copyright law or antitrust laws to prevent and regulate monopoly of copyright collective management organization in China.Copyright collective management organization in China, in comparison with similar foreign organization development history although short, but the special legal environment and social base as well as the limitations of model and nature make the copyright collective management organizations are more likely to abuse in our country, destroy the order of market competition of monopoly ismore likely to appear. Legislation in our country to maintain copyright collective management organization of dominant market position, the quantitative division of monopoly group management mode, for copyright collective management organization abuse of dominant market position damage to the works of copyright owners and users of the right to open the door. At present our country did not specifically for copyright collective management organization monopoly law, it shall apply to the anti-monopoly law. But because our country in the regulation of copyright collective management organization monopoly, improper legal intervention, the lack of antitrust rules and effective supervision problems, Suggestions to perfect laws and regulations, laws and regulations related to copyright collective management and relevant systems of the anti-monopoly law, to prevent the monopoly of the copyright collective management organization behavior and regulation.