The Study On Copyright Collective Society

In the paper, the inevitability of establishment and development of copyright collective society and the legislation all over the world of it are introduced. Combing with the only copyright collective society in domestic—the Music Copyright Society of China(MCSC),its interior organizing form and legal properties are analysized detailedly.Membership system is adopted in copyright collective society,so membership is the focus of the society. By comparing the similar civil legal relationships, affiance is confirmed to be the most proper legal properties of collective society. The rights of copyright collective society are rooted in correlative legislation provisions and contrasts by parties, and the latter is commonly used. The rights that society get from copyright owner are called Small Right, which are difficultly managed by obligees. According to practice, the spirit rights can be accredited to the society in the extension of authorization.The exterior legal relationship of copyright collective society is referred to the ties between the society and the user,inter-society as well. The obligation of copyright collective society consists of authorizing , colleting and dispution settling on principles.Monopoly in copyright collective society is widely recoganized,but limited competition form of it is preferred from the further and justice view.