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Practices of Collective Management of Copyright on Musical Works and Related Rights on Audio-Video Products in China

International Journal of Intellectual Property Management Vol 8 No. ½, 2015

RegNet Research Paper No. 2016/120

34 Pages Posted: 18 Nov 2016  

Wenting Cheng

Regulatory Institutions Network

Zonghui Li

Hohai University

Date Written: November 15, 2016

Abstract

Collective management of copyright on musical works and audio-video products in China had a late start in relation to the global pace. There are currently five collective management organisations (CMOs) in China, with the Musical Copyright Society of China for musical works and the China Audio-video Copyright Association for audio-video products being the most dominant. This paper identifies three problems in the institutional design of copyright collective management in China: vague standards for jurisdiction, weak regulation of the CMO monopoly, and the quasi-official status of CMOs. It also discusses three controversies in relation to these collective management practices: the controversial standard setting of licensing fees, the lack of transparency in the distribution of licensing fees, and difficulties that CMOs face when undergoing litigation processes. The paper argues that these controversies can be better managed by establishing regulations on abuse of monopoly power by CMOs, the proper use of their quasi-official status, and an improvement in judicial techniques and transparency in governance.

Keywords: copyright collective management, musical works, audio-video products, China

JEL Classification: O32, O34, O38,

Suggested Citation

Cheng, Wenting and Li, Zonghui, Practices of Collective Management of Copyright on Musical Works and Related Rights on Audio-Video Products in China (November 15, 2016). International Journal of Intellectual Property Management Vol 8 No. ½, 2015; RegNet Research Paper No. 2016/120. Available at SSRN: https://ssrn.com/abstract=2869608

Wenting Cheng (Contact Author)

Regulatory Institutions Network ( email )

College of Asia and the Pacific
Coombs Extension (bldg 8)
Canberra ACT 0200
Australia

Zonghui Li

Hohai University ( email )

8 Focheng West Road
Jiangning District
Nanjing, Jiangsu 211100
China

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