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

Contents 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 * 1 Effective Regulatory System on Musical CMOs' Work * 2 Individual Members' Rights in a Musical CMO * 3 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 * 1 The Origins of Music Copyright * 1 International Development of Copyright Protection * B Copyright in the Digital Environment * 1 Changes and Challenges of Copyright * 2 Functions of Copyright and Its Changing Roles * 3 Authors' Weak Position in the Music Industry * C Protecting Music Copyright in the 21st Century: The Role of CMOs * 1 The History and Development of Collective Management * 2 Functions of Collective Management Organisations * 3 Individualism, Fragmentation and Collectivisation * D Collective Management in the Digital Age * 1 Rights Management Methods in the Digital Environment * 2 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 * 1 The Development of Copyright in China * 2 Regulatory System on Collective Management of Copyright * 3 The Operations of the Musical CMO in China - the Music Copyright Society of China * B Collective Management of Music Copyright in the United States * 1 The Musical CMOs in the United States * 2 Regulatory Constraints on Activities of ASCAP and BMI * C The Rules on Collective Management of Music Copyright in Australia * 1 Operations of the Australasian Performing Right Association (APRA) * 2 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 * 1 Public Policy Approaches to Regulation of CMOs * 2 Legal Nature of CMOs * 3 Different Types of Regulatory Rules and Scrutiny from the Relevant Authority * 4 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 * 1 Regulatory Framework of the MCSC's Monopoly * 2 Monopolistic Issues of the MCSC Resulting from Inadequate Supervision * B The Regulatory Regime on Musical CMOs in the United States * 1 Antitrust Enforcement in Collective Management of Music Copyright in the United States * 2 Consent Decrees in the Context of Musical CMOs * C Regulatory Scrutiny of the Australian Musical CMO * 1 The Work of the Australian Competition and Consumer Commission and the Copyright Tribunal * 2 The Code of Conduct for Copyright Collecting Societies * D Towards a More Effective Collective Management of Music Copyright in China * 1 Improving the Regulatory Rules to Regulate the Monopoly of the MCSC * 2 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 * 1 The Legal Nature of the Relationship between the MCSC and Its Members * 2 Exclusive Licensing to the MCSC * B Rights of the Members in ASCAP and BMI in the United States * 1 Categories of Membership * 2 Individual Members' Rights in Musical CMOs * 3 Members' Individual Licensing Options * C Rights of Members of APRA in Australia * 1 Assignment of Members' Performing Rights to APRA * 2 Members' Rights to License Music Copyright Directly * D Building a More Inclusive Model for MCSC Members * 1 Clarifying the Relationship between the MCSC and Its Members * 2 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 * 1 The Music Industry and International Trade in a Digital Environment * 2 Territorial Limitations of Current Copyright Rules * B Undeveloped International Music Copyright Protection * 1 Digital Protection of Music Copyright in China * 2 Cooperation between the MCSC and Musical CMOs Overseas * C International Copyright Management Models * 1 Inadequate International Standard Musical Work Code Initiated * 2 Failure of the Global Repertoire Database * 3 Potential Improvements in Current International Practice * D Conclusion * VII Conclusion * A Major Findings and Recommendations * 1 Deficiencies in the Collective Management of Music Copyright in the Chinese Context * 2 Improving the Music Copyright Collective Management System in China * 3 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 *