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

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

Author: Qinqing Xu
Publisher: Routledge
ISBN: 9781032281025
Published In: April 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
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Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021.

The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment 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. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members’ rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas.

The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs’ monopoly, members’ rights in the organisations, and international cooperation between these CMOs.

Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators’ interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC’s monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.

Abstract

Acknowledgments

List of Names and Abbreviations

Table of Contents

List of Tables

I: Introduction

A Background

B Significance of the Project

C Scope of the Study

Effective Regulatory System on Musical CMOs’ Work

Individual Members’ Rights in a Musical CMO

International Cooperation among CMOs

D Why China, the United States and Australia?

E Structure of the Chapters

II: Copyright and Collective Management in the Digital Era

A The Rationale of Copyright

The Origins of Music Copyright

International Development of Copyright Protection

B Copyright in the Digital Environment

Changes and Challenges of Copyright

Functions of Copyright and Its Changing Roles

Authors’ Weak Position in the Music Industry

C Protecting Music Copyright in the 21st Century: The Role of CMOs

The History and Development of Collective Management

Functions of Collective Management Organisations

Individualism, Fragmentation and Collectivisation

D Collective Management in the Digital Age

Rights Management Methods in the Digital Environment

Collective Management is Needed in a Digital World

E Conclusion

III: The Collective Management of Music Copyright in China, the United States and Australia

A Collective Management of Music Copyright in China

The Development of Copyright in China

Regulatory System on Collective Management of Copyright

The Operations of the Musical CMO in China — the Music Copyright Society of China

B Collective Management of Music Copyright in the United States

The Musical CMOs in the United States

Regulatory Constraints on Activities of ASCAP and BMI

C The Rules on Collective Management of Music Copyright in Australia

Operations of the Australasian Performing Right Association (APRA)

Regulatory Regime on Collective Management of Music Copyright in Australia

D Three Countries, Three Models: Collective Management of Music Copyrights in China, the United States and Australia

Public Policy Approaches to Regulation of CMOs

Legal Nature of CMOs

Different Types of Regulatory Rules and Scrutiny from the Relevant Authority

Issues Identified about the MCSC from the Analysis

E Conclusion

IV: Addressing the Monopolistic Powers of the MCSC

A Deconstructing the Monopolistic Powers of the MCSC

Regulatory Framework of the MCSC’s Monopoly

Monopolistic Issues of the MCSC Resulting from Inadequate Supervision

B The Regulatory Regime on Musical CMOs in the United States

Antitrust Enforcement in Collective Management of Music Copyright in the United States

Consent Decrees in the Context of Musical CMOs

C Regulatory Scrutiny of the Australian Musical CMO

The Work of the Australian Competition and Consumer Commission and the Copyright Tribunal

The Code of Conduct for Copyright Collecting Societies

D Towards a More Effective Collective Management of Music Copyright in China

Improving the Regulatory Rules to Regulate the Monopoly of the MCSC

Clarifying the Supervisory Authorities’ Roles

E Conclusion

V: Members’

Participation in the Management of Their Copyright in the MCSC

A MCSC Members’ Rights in China

The Legal Nature of the Relationship between the MCSC and Its Members

Exclusive Licensing to the MCSC

B Rights of the Members in ASCAP and BMI in the United States

Categories of Membership

Individual Members’ Rights in Musical CMOs

Members’ Individual Licensing Options

C Rights of Members of APRA in Australia

Assignment of Members’ Performing Rights to APRA

Members’ Rights to License Music Copyright Directly

D Building a More Inclusive Model for MCSC Members

Clarifying the Relationship between the MCSC and Its Members

Direct Licensing Needed from MCSC Members

E Conclusion

VI: Collective Management of Music Copyright in Global and Digital Contexts

A Challenges of Global Music Copyright Protection in a Digital Environment

The Music Industry and International Trade in a Digital Environment

Territorial Limitations of Current Copyright Rules

B Undeveloped International Music Copyright Protection

Digital Protection of Music Copyright in China

Cooperation between the MCSC and Musical CMOs Overseas

C International Copyright Management Models

Inadequate International Standard Musical Work Code Initiated

Failure of the Global Repertoire Database

Potential Improvements in Current International Practice

D Conclusion

VII: Conclusion

A Major Findings and Recommendations

Deficiencies in the Collective Management of Music Copyright in the Chinese Context

Improving the Music Copyright Collective Management System in China

Contribution to a Healthier Environment for Music Creation and Industries

B Hope for the Future

Bibliography

A Articles/Books/Reports

B Cases

C Legislation

D Treaties

E Other

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