Since 20 April onwards, three sets of CCTV in the arts express "program for 7 times on China's audiovisual copyright collective management societies (hereinafter referred to as the tone set Association) royalties charged karaoke was reported; subsequently, the two sets of the CCTV today survey, news channel of the infared" section has also been relevant reports. Part of the print media as a source of information, and the extension of coverage.
Reporters found that media attention has not before "karaoke the royalties and fees from identity is legitimate", and so on, but rather concentrated on the tone set Association year to carry out the collection of royalties for karaoke in the work of the four questions is: tone set Association has received royalties of $ 80 million, but why singer said far get the just reward? tone set Association receive 50% of the copyright management costs are too high? tone set to karaoke operator charged by the copyright fee price constitutes the monopoly price? tone set Association is a Department of State related to the management's supervision and audit?
On the morning of 14 may, the Chinese press and publishing newspaper journalists questioned the above four exclusive interview the tone set Association the person primarily responsible. The official said that the media has raised these questions, mainly due to the Copyright Act, the copyright collective management Ordinance not enough understanding of relevant laws and regulations, the code sets the Association's Karaoke royalty charge encountered great resistance and the input of manpower, resources are not enough to understand, and thus made the public opinion of misjudgment, misleading.
Royalties in accordance with the law is the copyright owner
The Association for the tone set has now received royalties singer why that far to remuneration issues, tone set Association the official explained that, under current copyright law, the code sets the Association collects karaoke singing in undertaking involving the record companies and music authors show right, the right to perform the copyright fee for the use of, and the singer as a performer, should be based on them and the record company agreement obtain the appropriate remuneration, rather than from karaoke singing copyright royalties in charge. Related media to singer not to karaoke singing works royalty to the tone set Association, committed a fundamental error of law, common sense, on the social and the singer was misleading. Karaoke copyright royalty distribution objects including music copyright society of China (hereinafter referred to as yinzhuxie) management of musical works in Word, song writer, as well as the tone set by the management of the Association of music TV works (commonly known as MV) of the copyright owner, including the copyright owner of the MV record companies and the hands from the record company bought copyright Copyright Agency. Singer's rights should belong to performers rights, usually in recording music television production when it has all rights to buy out by record companies, many of the singers in itself is not the author of the music or video portion of the natural rights of all people cannot participate in a music video works of the late distribution of income.
Copyright collective management work carried out at the beginning of the higher input costs
Tone set hip extract high proportion of management fees was part of the focus of media queries. In this regard, the code sets the Association the official response from the international community, the States in the establishment of copyright collective management, as a result of the initial charge less, but the total investment cost of the service system and higher, so the proportion of management fees charged are generally higher. With the increase in royalty revenue, the establishment of the normal payment mechanism, the ratio will gradually reduce extraction.
The State Council issued the copyright collective management Ordinance section 28 provides: "in the copyright collective management organizations to extract royalties received as a proportion of management fees for the maintenance of its normal business activities. ”
Tone set in the formal establishment of the former, in accordance with the National Copyright 2006 Bulletin No. 1, carried out by an a, karaoke charges due to the considerable difficulty of the work, therefore higher input costs. Doing a lot of work,-till company finally handed 1000 million copyright royalty. After an authorization of the copyright protection Center, the Commission discussed adopted distribution ratio and click-through rate allocation principle, an immediately on any copyright royalties for the first distribution, after deduction of 50 per cent administrative fee. This ratio is the most important three rights agent and the agent of record companies to sign the agreement.
2008 June 24, tone set Association was officially established, before taking an all-round took over the charge under the name, in the Mainland except Tibet Autonomous Region of the country's 30 provinces (autonomous regions and municipalities) are established for the copyright owner to receive royalties for karaoke, parts to undertake this work a total of 400 people. Tone set Association after its establishment the company commissioned Trina charge royalties also has not been allocated, in accordance with the copyright collective management Ordinance, to convene the general meeting to formulate allocation rules. But as the charges work on track as well as the normal payment mechanism for establishing a sound, the proportion of management fees charged will be gradually reduced. Individual media come to so-called "tone set Association for huge royalties regardless of" conclusions, mainly due to the copyright collective management Ordinance are not familiar with, do not know the copyright collective management organizations to the right person to pay copyright royalty need to go through certain statutory procedures. In accordance with the law, the copyright collective management organizations of the general meeting is the copyright collective management organization of authority, only after a general discussion to establish the proportion of management fees and a specific allocation rules. While the general meeting of 2009 not yet held, it will be impossible royalties detained, not for distribution.
Beijing development and Reform Commission has made the conclusions do not constitute price monopoly
This reporter has learned that at the end of last year, Beijing zhongyin law firm dongzhengwei lawyers have suggested to the Commerce, the national development and Reform Commission reports, requests to the tone set KTV industry charge royalties for antitrust enforcement of copyright. Some of the media on which the event was also reported. Then, the results of? the tone set Association this responsible person told me that at the time, the national development and Reform Commission will report to Beijing development and Reform Commission conducted a survey of law enforcement. After much investigation, combined with China's anti-monopoly law, 200915 April, Beijing development and Reform Commission ultimately make "tone set Association on KTV charge royalties not constitute price monopoly" conclusions.
Audit report shows no irregularities
For some of the media calls on tone set Association strengthen auditing and supervisory issues, tone set Association this responsible person responded that tone set Association ongoing main job is to accept the authority of audiovisual rights, license to use, the use of audio-visual works, the copyright royalty collection and distribution to the right person. The work undertaken shall comply with the relevant legal provisions and the Association. April 2009, the Civil Affairs Ministry designated Beijing day zhenghua accounting firms on the tone set Association conducted an audit, then issued in the audit report, the report considers the tone set associations from the preparatory period to the end of 2008, the financial position of any violations. Tone set Association in accordance with the copyright collective management Ordinance, has had to the appropriate Department.
The responsible person finally stressed that due to the tone set Association set up short, work also has many shortcomings, hope Department oversight guidance, and also welcome the General media and the public on the work of the Association for supervision, criticism, to continually improve and perfect the system of collective management.
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