Revisiting the public versus private debate on model statutes for collective copyright management organisations in China

Abstract China received the collective copyright management concept during a period of economic transition and constructed collective management organisations (CMOs) as social organisations exhibiting a discernible inclination towards a public administrative objective rather than one concerned with market considerations. Consequently, CMOs in China have manifested behavioural patterns distinct from those of other private entities. This paper revisits the problem of CMOs in China with a focus on organisational structure issues. The contention posited in this paper is that the correct focal point for current debate should not concern the feasibility of multiple CMOs coexisting, but rather should revolve around the essential discussion between public versus private legal model statutes for CMOs in China, and thereafter on the regulatory architecture governing the coexistence of CMOs alongside alternative independent rights‐clearing entities.