Collective Management of Music Copyright: A Comparative Analysis of China, the United States and Australia

The Chinese Copyright Law aims to protect authors' copyright and encourage the creation and dissemination of works. However,music creators in China still need help to protect and manage their fragmented copyright. The Music Copyright Society of China (MCSC) is the only collective management organization (CMO) in the field of musical works, but it only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law, initiated in 2011 and implemented in June 2021, has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators, arguing that shortcomings in the regulatory regime, lack of members' rights to participate in the management of their own rights, and ineffective international cooperation hinder its effectiveness. The research recommends strengthening the regulatory design overseeing the MCSC's monopoly, clarifying the relationship between the MCSC and its members, and improving international cooperation between the MCSC and CMOs in other countries.

Format: Hardback
Length: 192 pages
Publication date: 17 April 2023
Publisher: Taylor & Francis Ltd

The Chinese Copyright Law serves two primary objectives: to safeguard the copyright of authors in their literary and artistic creations and to foster the production and dissemination of innovative works. However, despite the establishment of the Music Copyright Society of China (MCSC) to assist in exercising copyright, music creators in China still require assistance in protecting and managing their fragmented copyright. The MCSC holds a significant position as the first collective management organization (CMO) in mainland China and the sole CMO specializing in musical works. While China boasts a substantial music industry and copyright business, the MCSC had only 11,356 members as of the end of 2021.

The third amendment of the Chinese Copyright Law, initiated in 2011 and effective from June 2021, has brought attention to the contentious issue of collective copyright management. This book delves into the effectiveness of the MCSC in representing the rights of music creators. The central argument presented in this study is that the MCSC faces challenges due to deficiencies in the regulatory framework, limited member rights to participate in the management of their own rights, and inadequate international cooperation with other musical CMOs abroad.

To conduct the analysis, a case study approach is employed, comparing the collective management systems of music copyright in China, the United States, and Australia. This comparison aims to understand how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory frameworks designed to prevent misuse of CMOs' monopolistic power, the rights of members, and the international cooperation between the MCSC and other musical CMOs.

In conclusion, the Chinese Copyright Law plays a crucial role in protecting the copyright of authors and promoting the creation and dissemination of innovative works. While the MCSC has made efforts to address these objectives, there remains room for improvement in terms of regulatory frameworks, member rights, and international cooperation. By examining the collective management systems of music copyright in other countries, China can learn from their experiences and strive to enhance its own copyright management practices.

Weight: 432g
Dimension: 161 x 241 x 18 (mm)
ISBN-13: 9781032281025