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Collective Management of Music Copyright - A Comparative Analysis of China, the United States and Australia (Hardcover)
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Collective Management of Music Copyright - A Comparative Analysis of China, the United States and Australia (Hardcover)
Series: Routledge Research in Intellectual Property
Expected to ship within 12 - 19 working days
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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.
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