The Conflicts And Resolution Of The Collective Management Of Music Copyright

Collective management of copyright is currently an important way for copyright owners to exercise copyright.The collective management system of our country started late and the relevant laws and regulations are not complete.Therefore,many problems have emerged in its actual operation: illegal collective management disputes,extended collective management of non-member works,and disputes over the collection and distribution standards of license fees.The court held that it had exercised the relevant functions and rights of the collective management organization,only based on the license fees are collected and distributed by the copyright agency companies.Therefore,the legal attributes of “collective management behavior” should be clarified,the scope of rights of collective management should be clarified,and it should be distinguished from the agency behavior of copyright agency companies,and the personal wishes of the right holders should be fully respected to improve copyright licensing ways.The original intention of extended collective management is to improve licensing efficiency on the one hand,and on the other hand,it can protect the legitimate rights of non-members.The collective management organizations of our country are not widely representative and cannot effectively manage and operate.On the contrary,they damage the legitimate rights and interests of non-members and are not recognized by copyright owners.We should not blindly introduce an extended collective management system and extend its scope of license to non-member works now.The inability of collective management organizations to operate effectively is largely due to the unclear standards for the collection and distribution of royalties,ignoring the right of users to participate in standard setting,and lack of dispute resolution mechanisms.In order to improve the standards for the collection and distribution of license fees,it is necessary to standardize and refine the system,multi-parties are involved in setting standards,and a scientific and reasonable dispute resolution mechanism should be established to resolve disputes.