China Audio-Video Copyright Association (CAVCA) was established in 2008 and is the only collective management organization for copyrights of sound recordings and music videos in China, approved by the National Copyright Administration of the People's Republic of China (NCAC) and registered with the Ministry of Civil Affairs of the People's Republic of China (MCAC).
CAVCA's primary work is, according to authorization from CAVCA members and relevant laws and regulations, licensing and collecting copyright royalties from users in the areas where rights holders find it difficult to exercise their rights, such as the karaoke market, the internet, and background music in brick-and-mortar commercial venues, and distributing the collected copyright royalties to the rights holders then, to facilitate the rights holders to exercise rights and users to use.
CAVCA operates under the guidance, management, and supervision of the State Council's copyright management department, following the Regulations on Copyright Collective Management. Meanwhile, CAVCA receives guidance and supervision from registration management authorities, Party-building leadership authorities, and relevant industry management departments.
In June 2018, adhering to “upholding principles, embracing innovation, and fulfilling the mission,” CAVCA decisively eliminated past problems and established a self-owned licensing team nationwide. The action led to a rapid increase in licensing collections since 2018, gaining sincere trust and support from CAVCA's vast members. Seizing the opportunity of the implementation of the revised Copyright Law, CAVCA commits to exploring new work areas based on the needs of our members. Also, CAVCA aims for transparency and efficiency to promote the digitization of copyright collective management operations comprehensively. CAVCA upholds diligence and dedication as our guideline, cultivating a solid and united work crew. Through practical exploration and theoretical innovation, CAVCA has accumulated rich practical experience and theoretical insights, contributing to the thriving of China's copyright collective management industry.
CAVCA always remembers our initial aspirations and mission and continuously achieved new records regarding the number of members, the number of registered sound recordings and music videos, copyright royalty collections, and royalty distributions throughout past years. CAVCA was honored with the 2020 WIPO-NCAC Copyright Awards for Copyright Administration Management and has received commendations twice from the MCAC for reducing burdens on enterprises. Riding on the momentum of the 20th National Party Congress, CAVCA will continue to be proactive, enterprising, and strive for excellence, creating a bright future for China's copyright collective management industry.
- Register members and manage membership; register and manage sound recordings and music videos according to members' authorizations.
- Issue licenses and collect copyright royalties from users in the areas where rights holders need help to exercise their rights.
- Distribute the collected royalties to rights holders based on the usage of sound recordings and music videos timely.
- Assert rights in CAVCA's name against the illegal use of sound recordings and music videos owned by members.
- Represent numerous rights holders in equal negotiations with a market-dominating user, advocate for adequate dissemination resources, maintain proper competitive order in the industry, and promote collective copyright management.
- Collect and transfer the royalties of statutory licenses under NCAC's authorization.
- Contract with similar organizations overseas, represent them manage and exercise the copyright of overseas sound recordings and music videos in mainland China.
- Sign collective management contracts with members following the law, register the ownership of sound recordings and music videos for collective management, manage the music catalog, and publicly disclose relevant information.
- Negotiate tariffs with user representatives following the law and initiate administrative rulings or legal proceedings when tariff disputes occur.
- Sign contracts with users and collect copyright royalties of music-related sound recordings and music videos based on members' authorization and relevant laws and regulations.
- Distribute the collected copyright royalties to members and transfer collected copyright royalties to other rights holders.
- Apply for administrative penalties or initiate legal proceedings and arbitration with the copyright administrative authorities when infringement of sound recordings and music videos' copyrights managed by the CAVCA occurs.
- Sign reciprocal representation agreements with overseas organizations of similar nature to protect the copyrights of Chinese sound recordings and music videos overseas and the copyrights of overseas sound recordings and music videos in mainland China.
- Promote the digitalization of copyright collective management operations to enhance efficiency.
- Enhance the understanding of copyright protection among rights holders and users, improve the level of copyright protection for sound recordings and music videos locally, regulate market behavior, resolve disputes, and provide business consulting and legal services to rights holders and users.
- Summarize the practical experience of copyright collective management activities to provide suggestions to the national legislative authorities and the national copyright administration department for improving the protection level of sound recordings and music videos' copyrights continuously.
- Strengthen communication with rights holders and users of sound recordings and music videos, disseminate information on collective copyright management of sound recordings and music videos, organize seminars and exchange activities related to audiovisual copyright collective management, and recognize and award units and individuals who have made contributions to the prosperous of the audiovisual industry following relevant regulations and approvals.
- Engage in other activities that align with the CAVCA's objectives. Matters within the work scope that require approval according to laws, regulations, and rules shall be carried out after obtaining the necessary approvals under the law.
Sources and Types of Copyright
CAVCA manages the copyrights of sound recordings and music videos, and the copyrights are derived from the following:
- Authorizations from members；
- Overseas sound recordings and music videos rights obtained through reciprocal representation agreements signed with overseas associations；
- Based on relevant provisions of laws and regulations.
The types of rights that CAVCA manages include:
- The right of performance；
- The right of broadcasting；
- The right of reproduction；
- The right of distribution；
- The right of projection；
- The right of rental；
- The right of communication through information network；
- The remuneration right for sound recording producers；
- Other related rights of sound recordings and music videos suitable for collective management of copyrights.
CAVCA operates on a membership system consisting of artificial members and individual members. Any natural person, legal entity, or other organization legally holding the copyrights and copyright-related rights of sound recordings and music videos can become a member by signing a collective copyright management contract with CAVCA. CAVCA does not charge membership fees to our members, and members have the right to participate in the distribution of royalties based on the usage of sound recordings and music videos.