A Study On The Law Problems Of Copyright Collective Management System

The copyright collective management organization appeared because the copyright protecting system developed, and also, because the author were struggling all the time. Compared with developed countries' long history of copyright collective management system, China has no experience on it. We finally choose monopoly mode, which mode was familiar to our country. This monopoly mode has a lot of advantages, but its disadvantage is monopolization. When one organization can dominate a market which other competitor can't get in, its problem will get bigger. This study tries to research some important law problems about copyright collective management system, and analyses our country's system, point out its limitation, and present the suggestion which match our country's situation.This study devised to four parts, the first part summarizes how copyright collective management system came out and developed, and analyses its reason using economic tools. At last of this part, it introduced the situation of copyright collective management organizations in six countries.The second part analyzes the copyright collective management organizations' relationship with the authors and the users, especially about the character of the behavior which authors accredit theirs right to the copyright collective management organization, and the solution of the royalty standard dissension.The third part divides collective management systems into two kinds: monopoly and competitive. We discussed this two modes' advantages and disadvantages, and consider the competitive mode will be the better choice. After that, this study researchedIn the fourth part, the study researches the general situation of our country's copyright collective management system, point out the disadvantage through analyzed "KTV royalty standard storm", consider that our monopolistic system have limitation. At last, this study give some suggestion: first step, get the government's background out of copyright collective management organizations; second step, let the National Copyright Administration set up arbitral organization to deal with royalty standard dissension; final step, set up "moderate competitive" copyright collective management system.