On The Copyright Collecting System In China

In this paper, the reasons of establishment and development of copyright collecting societies were discussed. The concept, the functions, legal properties and legal status were analysized systematically. The reasons and the procedure of copyright collecting societies evolving form primary nongovernmental copyright collecting societies to the nongovernmental, semi-official and official copyright collecting societies were investigated. Economic and legal environment of different countries decided the corresponding administration patterns. The advantages and disadvantages of comprehensive and schism copyright collecting societies were given.The related law, legal regulations and the development of copyright collecting societies of our country was discussed. The functions of copyright collecting societies consist of the authorization, collection and distribution about royalties, and international co-operations. The monitor mechanism should be strengthened in the perquisite of monopolized collective administration. The non-profit and commonweal properties of copyright collecting societies were analysized. The commonweal properties should be confirmed according to the policies.Legal relationships among, copyright collecting societies, the copyright owner and the user were analyzed. By comparing the similar civil legal relationships, affiance was confirmed to be the most proper legal properties of collective administration.Combining the situation in China, based on the analyses of different administration patterns, the proper copyright collecting societies was proposed. Semi-official, schism and monopolized copyright collecting societies should be established. The copyright collecting societies should include decision-making, implement and supervisee departments, and the rights and obligations of copyright collecting societies were given. For the new problems arising from internet works, a proposal of establishing comprehensive copyright collecting society of internet works and making internet service provider copyright collecting society was given.