Study On The Collective Management System Of Copyright

The collective management system of copyright is an important part of the modern copyright law. The modern copyright law bestows a series of rights of the usage to the authors in the fields of music, writing, photographs and movie etc., but the authors almost can't control the rights by themselves. The outstanding function of collective management is that it can not only carry out and protect the legal rights of copyright owner but also provide an convenient and unimpeded outlet of the usage for the work user, building a smooth and convenient bridge between the copyright owner and work user and being advantageous to the quick dissemination of the work and healthy development of the cultural businesses.In the international world, collective management system has become an important system that intelligent property rights are well protected among nations. But in our country collective management system has always been the bottleneck in the theoretical research and practical circle. Many problems are controversial theoretically and are very meticulous and trivial in practice.Under the background of the digital and network environment, it has been an important topic of copyright protection in our country to strengthen the theoretical research of the collective management; we should find the mode of the collective management, which is suitable to our country, and at the same time strengthening the theoretical research of our country's collective management organization as soon as possible is becoming an important issue.This thesis tries to discuss the collective management system by historical and economical analysis from the following three parts.In the first part, the thesis starts from the origins of the collective management of copyright system, describes its historical development; While elaborating the reasons of the collective management's origins, discusses the function of the collective management organization and the advantage comparing to the protection of government and judicial protection. After looking back the development processof our country's collective management system, analyzes the slow-moving reason.In the second part, the point inquiries into a few important theoretical problems of the collective management of copyright system:First of all, the thesis analyzes the collective management organization's type, property and the organization mode in the international community, thinks that the collective management organization's legal status in our country should be the civil and social group that has certain monopoly and not-for-profit public welfare.Secondly, the thesis discusses the different right scope of the collective management under the condition of voluntary and legal permission, pointing out that under the condition of voluntary permission, the right of handing over to the collective management organization should be the copyright owner's rights of the hard control which are called "small rights"; But under the condition of legal permission, the way of adopting the compulsive collective management should be careful.Thirdly, the thesis carries on the study on the main legal relation within collective management of copyright. The relation between the owner of rights and organization is mainly the civil relation which has the property of "trust"; The legal relation between organization and user is the permissive. And legal relation between the collective management organizations should be agency relationship.In the third part, the thesis sets out the issue which emerge in the copyright's collective management in practice from the background of the working out of the copyright regulation of collective management .It puts forwards that the supervision will be carried out through the internal, administrative and social supervision. It suggests that supervised committee should be established in the organization of collective management, in the administrative regulation we stipulate that form contract is investigated for the lawfulness; it suggests that establishing the specialized "the intermediation committee" to deal with the disputes in the field standard. Lastly, it discusses digital innovation in the network environment and put forwards that organization of copyright collective management should be adapt itself to the development and establish digital information system of copyright management.