著作权集体管理组织市场支配力的法律规制

The market power of copyright collective management organization comes from its basic function, which is collecting copyright for massive licensing. Copyright collective management organizations in history were consistently been considered as natural monopoly and the exception of antitrust rules, because its market power is the key to promote efficiency of copyright licensing. But meanwhile, the market power of copyright collective management organization also caused social costs that hurt both copyright owners and users. Therefore, how to develop the advantages of collective licensing and avoid the loss caused by the monopoly, is always the subject of collective licensing law making. China established its own copyright collective management organizations in a special period, which made its market power come from official authority’s “administration power”, so China can successfully built its copyright licensing platform beyond it had a mature copyright market, and there is no legal limitation rules for market power of collective management organization in China copyright law. When copyright industry became prosperity in China, the market power of collective management organization soon became the obstacle of copyright licensing, collective management organization’s pricing mechanism was both questioned by copyright owners and users. In response, China should adjust its copyright law to restrict the market power of collective management organization. For China collective management organization’s particularity basis, the first step should be deregulation the rule of establishment, allowing multi number of collective management organizations in one copyright industry field. Then introduce legislative experience from developed countries, forcing collective management organizations to provide various licensing types to users, and to prove the royalty reasonable.