Study On The System Of Copyright Collective Management In China

Copyright is a private right that should be exercised by copyright owners in principle. But the developments of the science and technology make the individual management quite incapable for the copyright owners, as the result, the copyright collective management come into being. It's an important part of modern copyright law.Collective management of copyright has just appeared in China, people know it little and it hasn't played an important role. The main reason is that the legislation isn't perfect and the theoretical research on it is just beginning. Thus it is important and significant to study the legal problems on it both in theory and practice. I hope my study will make contributions on the development and perfection of China's copyright collective management system.This thesis intends to start from an analysis of the basic theories and legal relationships of copyright collective management, and proceed the study on the introduction of the system overseas and problems in our system, to achieve the goal of improving our system of copyright collective management. Accordingly, the text is divided into five chapters writing.Chapter One, a basic theoretical analysis on the copyright collective management, mainly discusses the definition, functions and the non-profit nature of the copyright collective management.Chapter Two is the analysis of the main legal relationships within collective management of copyright, this is a very important part of this thesis. The relationship between the copyright owner and organizations is mainly the civil relation which has the property of"trust"; the legal relationship between organizations and users is permission; and legal relationship between the collective management organizations should be agency.Chapter Three is an analysis of typology on the system of copyright collective management. After outlining the developments of the system of copyright collective management, some classifications and comparisons on the models of copyright collective management have been made by current bases.Chapter Four analyzes the current situation of our system, and this part is the core and purpose of this thesis. The first two sections are sorted out the process of our legal system and organizations of copyright collective management, Section Three focuses on the problems of our system in legal system, organizations and the consciousness of people in society.Chapter Five give some advices for perfecting the system of the copyright collective management in China. This is the ultimate goal of the thesis. For improving the legislation, the thesis recommended to stick to voluntary principle, establish a mechanism for making the standard and solving disputes of the cost of use, as well as the specific methods and bases of the distribution, and the legal relationships between collective management organizations and the non-members should be clear and definite in the legislation.Suggestions about developing organizations ask for a flexible selection of the model of organizations, found a supervisor meeting to strengthen the internal self-discipline management, and still need to insure collective management organizations to operate transparently, strengthen the exchanges and cooperations between the collective management organizations and the profession associations. Finally, it is necessary to strengthen the publicity to let the copyright owners fully understand the importance and advantages of collective management, so that they can unite together to protect their own interests, even promote the development of the collective management of copyright in China.The thesis made an analysis on karaoke charges as an example to explore standard-setting and dispute settlement of the cost of use, while making response to the hot issue, making a more suitable scheme on system. Typologies analysis on the systems of countries have made to propose an effective model for our collective management organizations. A more comprehensive analysis of the problems existing in our system has been made in the legal system, organizations and awareness of the rights, Accordingly, put forward more detailed proposals to improve our system.