The copyright collective management organization is a social organization registered and established according to law. Copyright collective management organizations shall register and carry out activities in accordance with the Regulations on the Administration of Registration of Social Organizations.
China citizens, legal persons or other organizations that enjoy copyright or copyright-related rights according to law may initiate the establishment of copyright collective management organizations.
The establishment of a copyright collective management organization shall meet the following conditions:
1. There are not less than 50 rights holders who initiate the establishment of a copyright collective management organization;
2. Do not overlap or duplicate the business scope of the copyright collective management organization that has been registered according to law;
3. Being able to represent the interests of relevant national rights holders;
4. There are draft articles of association of the copyright collective management organization, draft standards for collecting royalties and draft measures for transferring royalties to the obligee.
The responsibilities of the copyright collective management organization are as follows:
1. Copyright collective management organizations can extract a certain percentage of the collected royalties as management fees to maintain their normal business activities. The extraction ratio of management fees should be gradually reduced with the increase of royalties. After the management fee is withdrawn, the copyright collective management organization shall transfer all the rest to the obligee and shall not use it for other purposes.
2. When transferring royalties, the copyright collective management organization shall make a record of the transfer of royalties, which shall specify the total amount of royalties, the amount of management fees, the name of the obligee, the name of the work or audio-visual product, the relevant usage, the specific amount of royalties transferred to the obligee, and keep it for more than 10 years.
Article 8 of the Copyright Law of People's Republic of China (PRC), copyright owners and copyright-related rights holders may authorize copyright collective management organizations to exercise copyright or copyright-related rights. The copyright collective management organization established according to law is a non-profit legal person. After being authorized, they can claim rights for copyright owners and copyright-related rights holders in their own names, and can represent the parties involved in litigation, arbitration or mediation activities involving copyright or copyright-related rights.
Copyright collective management organizations collect royalties from users according to authorization. The collection standard of royalties shall be determined through consultation between the copyright collective management organization and the user representatives. If negotiation fails, it may apply to the National Copyright Administration for a ruling; If you are dissatisfied with the ruling, you can bring a lawsuit to the people's court; The parties may also bring a lawsuit directly to the people's court.
The copyright collective management organization shall regularly announce to the public the collection and transfer of royalties, the extraction and use of management fees and the undistributed part of royalties, and establish a rights information inquiry system for the rights holders and users to inquire. The National Copyright Administration shall supervise and manage copyright collective management organizations according to law.
The establishment mode, rights and obligations, collection and distribution of royalties, supervision and management of copyright collective management organizations shall be stipulated separately by the State Council.