The Dilemma And Way Of Collective Management Of Copyright Of MV Works

Music Video is an abbreviation of Music Video,mainly a short film or film that accompanies Music.KTV industry is the most serious area of infringing MV copyright.As China’s only audio and video works copyright collective management organization,the Chinese association of audio and video copyright collective management since its establishment in combating copyright infringement MV,protect the legitimate rights and interests of the copyright owner,standardize the MV works copyright market,and promote the KTV industry healthy and orderly management plays an important role,but in recent years,been the interests of the subject of the game under the embarrassment of system failure.Starting from the origin and nature of copyright collective management system,this paper introduces and analyzes the background,nature,operation mechanism and dilemma of the establishment of China audio-visual collective management association.Think China audio-visual collective administration of copyright association is under the dislocation of the problems existing in the system of its own defect can’t meet the demand of the interests of all parties and the result of the development of era,the transplant extensibility of copyright collective management system is not the feasible way out of the dilemma,reverse current situation still need to improve from within,and on the basis of this puts forward legal Suggestions and way to solve,so as to provide good for the protection of copyright in works of MV may issue of the environment,the system of collective management for the healthy and orderly development of the KTV industry to provide stable and efficient legal protection.In addition to the introduction and conclusion,this paper is divided into five parts.The first part is about the overview of copyright collective management.This paper introduces the origin,development,concept and legal nature of copyright collective management.The author believes that copyright belongs to private right,and in practice,it is necessary to respect the parties’ free choice on the nature of the authorization contract based on the measurement of interests,instead of making a one-size-fits-all predetermination on the nature of the specific copyright collective management behavior artificially.The second part is about our country MV copyright collective management organization-china audio-visual copyright collective management association.This paper introduces the establishment and operation mechanism of China audiovisual copyright collective management association from five aspects: setting background,legal nature,functional scope,form of safeguarding rights,mode of realizing property rights,and so on.The third part mainly analyzes the problems existing in the collective management of MV works.This paper analyzes the difficulties and challenges faced by the collective management of copyright of MV works from the perspectives of the right holder,the user,the end consumer and the rise of commercial rights protection by taking the misplacement of the role of management agency as the starting point of China collective management association of audio and video copyright for a long time,and lays a foundation for the following solutions.The fourth part is about whether to transplant the extended copyright collective management system.First of all,from the perspective of the concept and scope of experience to conduct a comprehensive introduction of the system,secondly analyzes the reasons of the birth of the system and legal theory,and finally,from our country does not have conditions,to transplant the safeguard the legitimate rights and interests of the copyright owner,to the realization of the development and the social public interests of the copyright three aspects to carry on the analysis,think extensibility although copyright collective management system has the advantages of high efficiency,low cost,but with the development of the system of collective administration of copyright in our country history and present situation does not match,do not conform to the objective situation in our country.It is not feasible for China audiovisual copyright collective management association to transplant the extended copyright collective management system to get rid of the current dilemma.The fifth part is mainly about how to get out of the dilemma of China audio-visual copyright collective management association,that is,the transformation of China audio-visual copyright collective management association.First of all,it is suggested that the China collective management association of audio and video copyright should reorganize its role,not only to maintain the monopoly status of the only collective management organization in the field of audio and video copyright,but also to de-administrate,strengthen supervision and allow the existence and development of other ways of safeguarding the copyright of MV works.Second proposal in audio and video copyright collective management association of China current legal monopoly,on the basis of diversified from establishing the right way,improve the licence fee allocation mechanism,build equal consultation mechanism of licensing and fees,innovation,improve the system of the management of other aspects such as strengthen the China association of audio and video copyright collective management and perfect the mechanism,for the MV works copyright market prosperity and specification as well as the protection of the legitimate rights and interests of the copyright owner provide good institutional guarantee,promote the healthy and orderly development of the MV and KTV industry,finally emphasized in collective rights coexist under the present situation of management and business,Attention should be paid to control the profit of commercial rights protection and balance the interests of all parties.