Research On The Charge System Of Collective Management Of Copyright

The main responsilibility of the Copyright collective management is centrailized managing most copyright that their owners can't exercise personally,the organization is a bridge between the copyright owners and users,and play a important role to the copyright's realization.In practice,through the"charge-transfer to pay"mode,the copyright collective management organization protect the copyright owners get paid when their works be used.In the western countries,this model has been run successfully for hundreds years,and has been formed a realitively complete system on charge works.In china ,the copyright collective management organization is still a new thing.There is just 20 years from its foundation to the present.Although the organization plays a important role,but there are still many defects in the system construction,they are urgently to be improved. In the author's opinion,charge work is the central work of the copyright collective management organization,and also,the key procedure fullfilled problems.So to analyze how to regulate the charge work on the base of the copyright collective management organization's running on the present,to improve charge system of the copyright collective management organization in China,is the main contents of this thesis.In the first part,the thesis analyzes the legitimacy of the copyright collective management organization to charge the works'fees.This part focus on the charge work,starting from the property of the charge work,through the analysis of relation between the charge object,the organization,the copyright owners,the works users,elaborated on the charge work's rationality and legality.the article points out,the charge is the central procedure of the organization's position,the right of the copyright collective management to charge work fees is base on the fiducial relationship between copyright owner and itself, between the organization and the works users,it's a special licensable relationship.The second part discussed kinds of problems in the exercise of charging works of the copyright collective management organization in China.This part base on the development history of the organization, tightly centered the charge works of the organizations, elaborated the establishment of the copyright collective management organizations and the charge legislation in present.The article begins from the charge subject,charge standard,fees distribution,and fees dispute,to discuss the main problems in the charge procedure of the copyright collective management organization in China.The third part have discussed the charge practice abroad and the enlightenment to China.This part base on the most two popular forms of charging work in the copyright collective management organization.Comparing with the two different charge system between competitive model and monopolistic model, author point out the advantage and disadvantage between them,and point the direction to improve the chaege system in China.The last part has put forward several suggestions to improve the charge system of copyright collective management organization. The article from fees legislation, organization running,dispute solution to discuss how to improve charge system'construction: improving the legislation of charge subject and fees standard; specifing the procedure of fees standard, encouraging transparency; reinforcing the supervising to the foundation and running of the copyright collective management organization;founding the special institution to solve dispute,then, introducing competition step by step,to change the monopolistic mode in present.Although the collective management organizations is Borrowed thing for our country.But in present,its running is cater to our national prestige, economic factor and history.Although there are some defeats in charge system,to improve this system is not only concerning the charge system own,but also the whole legislation of copyright in present.