According to the Article 8 of 《Copyright Law of China》,“Copyright owners or owners of the rights related to the copyright may authorize collective copyright administration organizations to exercise their copyright or rights related to the copyright. Upon authorization, a collective copyright administration organization may exercise the copyright or the rights related to the copyright in its own name for the copyright owner or the owners of the rights related to the copyright and participate as a party in legal or arbitration proceedings concerning the copyright or the rights related to the copyright.”
MCSC ( hereinafter referred to as “ the Society” ), which was established in December 17, 1992, is a non profit-making social organization with the status of a legal person in whose name the Chinese music copyright owners exercise their rights by way of collective administration. The Society is subject to the vocational guidance and supervision and management of the Press and Publication of China ( National Copyright Administration of China, NCAC ), Musician Association of China and the Ministry of Civil Affairs.
Rights Sources The Society is a membership organization; it protects the rights of its members including composers, lyric writers, music publishers and so on by licensing and distributing royalties for using their copyrighted works. The Society obtains the rights from its members and from overseas societies through signing reciprocal representative agreements with them; National Copyright Administration of China authorizes the Society the right to collect and transfer royalties to copyright owners for legal licensing. Types of licenses MCSC licenses four music copyrights for users from different industries 1. Licenses of mechanical rights 2. Licenses of performing rights 3. Licenses of broadcasting rights 4. Licenses of new media rights
Functions 1. to provide registration of musical works and gather relevant information for the purpose of collective administration； 2. to enter into contracts with users for use of musical works controlled by the Society； 3. to issue licenses to users for use of musical works controlled by the Society； 4. to collect royalties from users for use of musical works controlled by the society； 5. to contribute remuneration to the music copyright owners； 6. to negotiate with users of musical works on rates of royalties for the purpose of collective administration； 7. to take legal action against infringement of music copyright administered by the society； 8. to ensure protection of Chinese musical works outside China and protection of foreign musical works in china，for the purpose of which reciprocal representation agreements shall be made with similar societies in other countries or territories. 9. to enter into cooperative relations with users of musical works，and to make suggestions in an active way to the national legislature and national copyright administration in order to help continued improvement of protection of music copyright； 10.to help music copyright owners better understand copyright protection and to be a source of consultation and legal service catering copyright owners； 11.to provide prize — awarding and welfare program intended for music copyright owners，for the purpose of improving conditions for musical creation； 12.to carry out other activities that are in line with the objects of the society.
Organization The General Meeting of the Representatives of the Members is the decision making body of MCSC. As the executive body of the general Meeting, the Board of Directors of MCSC is not only responsible to the General Meeting, but also development of the daily work including making the tariff that should be paid by music users. The head office of MCSC is situated in Beijing where there has been 50 staff, and MCSC has set up 20 branch offices in many provinces and cities in China where there have been about 80 staff employed until now. The head office consists of 6 departments including Membership Dept, License Dept, Distribution & Tech Dept, Legal Dept, Documentation Dept and General Affair Dept. The head office conducts the music copyright including using musical works for public performance; public transmission; mechanical reproduction such as producing, reproducing and distributing sound and video recordings; producing radio and television programs; producing background music of films, television, video recordings and any other audio-visual materials; and other uses of musical works where collective administration is suitable. The branch offices' main work is just to managing the music copyright for public performance in local areas. Although only 16 years old, MCSC has become the most developed collection society in the mainland of China.