The Legal Regulations On Monopoly Behavior Of Copyright Collective Management Organizations

Collective copyright management organizations have made great contributions to protecting the interests of copyright owners,effectively reducing transaction costs,and improving the efficiency of the use of works,and promoted the healthy and orderly development of the copyright market.However,for many years,collective copyright management organizations have been accompanied by controversy over the abuse of monopoly status,such as restricting membership withdrawal,discriminating against members,compulsory acceptance of blanket licenses,demanding high license fees,requiring users to sign long-term license agreements,etc.,the academia and industry have always been full of doubts about its status and behavior.With the occurrence of the "Nine KTV v.Audio Collection Association Monopoly Cases",the monopoly issue of copyright collective management organizations has aroused heated discussions again.How to effectively regulate the monopoly behavior of copyright collective management organizations has become a close concern of theoretical circles and practical departments.important topic.Therefore,this article attempts to base on this case,to elicit the main monopoly behaviors of China’s collective copyright management organizations,analyze the legal basis of the monopoly behavior of China’s collective copyright management organizations,and further reveal the main difficulties faced by the current law regulating the monopoly behavior of copyright collective management organizations.Finally,it discusses how to improve the anti-monopoly regulation of collective management of copyright in China,and find the most suitable system model to regulate and supervise the exercise of copyright to prevent it from abusing its monopoly status and carrying out monopoly behavior.In this process,we can also speed up the legislative process in the field of collective management of copyright,improve the legal system,and provide theoretical support for judicial practice.In addition to the introduction and conclusion,the full text is mainly composed of the following five parts:Part Ⅰ: Summary of Copyright Collective Management Organization Discontinuities.This part first introduces the relevant concepts of monopoly behaviors of copyright collective management organizations,then analyzes the reasons for the implementation of monopoly behaviors by copyright collective management organizations,and finally discusses the main manifestations of monopoly behaviors of copyright collective management organizations inChina,including the excessive setting of users Licensing fees,abuse of dominant position for profit,compulsory user signing of a “package agreement”,and demanding high management fees from right holders,differential treatment of right holders,and prohibiting right holders from leaving the organization.Part Ⅱ: Analysis on the legal basis of monopoly behavior of collective management organizations of copyright.This part first analyzes the harmfulness of the monopoly behavior of the collective management organization of copyright,which is not only reflected in the value of breaking the collective management system of copyright-to achieve the balance of interests of all parties,but also to damage the interests of rights holders and users,and to undermine the normal Development order of copyright market.Then,starting from the legitimacy of the antitrust regulation of the collective management organization of copyright,it is pointed out that regardless of the nature of the collective management organization of copyright,or the antitrust exemption of collective management organization of copyright as the subject of the exercise of intellectual property rights,as long as it acts It is possible that the consequences of excluding restrictive competition will be regulated by antitrust laws.Part Ⅲ: The dilemma of the legal regulation of monopoly behavior of collective management organizations of copyright is revealed.This section reveals the main difficulties faced by the current legal regulations on the abuse of monopoly status by copyright collective management organizations in China,including the legal monopoly status granted to copyright collective management organizations at the institutional level,weak regulatory mechanisms,unclear positioning of copyright collective management organizations,and lack of enforcement of antitrust laws Many issues such as by-laws.Part Ⅳ: the countermeasures of the legal regulation of monopoly behavior of the collective management organization of copyright.Focus on exploring how to regulate the abuse of monopoly status of current collective copyright management organizations,adhere to the balance of interests,introduce a limited market competition mechanism,improve the corresponding supervision mechanism,improve related laws and regulations,and rationally coordinate collective copyright management,copyright owners,The use of human tripartite interests.