On The System Of Copyright Collective Management Societies In China

The main duty of Collective Management Societies (hereinafter: CMS) is exercising copyright and related rights in the interest of the owners of rights. CMS are the bridge between copyright owners and users of copyrighted works. CMS play an important role in realizing copyright owners' rights. CMS have run successfully in western countries for centuries, and the international copyright management system has been formed.CMS have been introduced to China just for decade. Now China is facing the important mission to constitute full collective management system and set up CMS. How to refer to other countries' successful experiences and establish our own CMS is the main content of this thesis.This article briefly reviews the history of collective management system and different situations in different countries, analyzes the relationship between the societies and copyright owners as well as the users. Through introducing and analyzing the theories and practices of other countries and CMS, the author wants to benefit China's system.Based on analysis of the realities, the author gives his own advices: Nowadays, we should speed up our spaces to perfect the system and set up corresponding organizations; Collective administration of copyright should be voluntary, but in the cases of non-voluntary licenses, extended collective administration is suitable; Private organizations are preferable, but government should give them assistance in many aspects; There should be only one organization in the same area in countrywide, through improving the conditions of such administration; Comparatively-general organization for different works and rights is more appropriate, and parallel organizations should cooperate closely to meet the challenges of new technologies; "One-Stop-Shop" is advisable in different parts of China.