The Comment Of The Regulation Of Collective Management Of Copyright And Related Rights In China

The system of collective management of copyright and related rights is still in its early stage in China, accompanied by numerous problems in law and in practice. For instance, in the legal regulation of collective management of copyright, the level of government intervention is fairly high, while the regulatory function of the market is not utilized sufficiently. At the same time, there have been endless disputes between the collective management organizations and the users, and incessant doubts have been placed on the organizations. Our research is conducted within such a context.From the perspective of historical development and comparative studies, collective management of copyright and related rights in Japan, which has evolved from a traditional to a modern system, provides us a model in which we can see problems either we have already met or probably will meet in the future. Therefore, studying the Japanese system of collective management of copyright and related rights not only helps the legislation of collective management of copyright and related rights in our country, but also enriches and completes the establishment of the system, as well as broadens the scope of intellectual property research.This thesis is organized as follows: Firstly, we review the development of the system of collective management of copyright and related rights from a historical perspective. We further define the legal boundary of collective management of copyright and related rights, and recognize its legal characteristics. Then, we study the process of which the system of collective management of copyright and related rights in Japan is established, and from which we discuss the gains and lessonslearned. Thirdly, the current legal status of collective management of copyright and related rights in China is discussed. By using real world examples, we further analyze the existing problems, and see what lessons can be learned. Finally, based on the above research, we make the following suggestions on how to establish the system of collective management of copyright and related rights in our country: better utilizing the regulatory functions of the market and reducing government intervention; introducing competitive mechanisms into the system; better balancing the individual rights of the owners and public benefits, in order to promote the healthy development of the system of collective management of copyright and related rights in our country.