Study On The Copyright Collective Management System Of China

Based on the "lilac" and other similar cases in the analysis, the paper elaborated China's Copyright Collective Management Organization about the nature, status, and mentioned the relationship between the organizations and the obligee and the licensee. Through the brief overview of the history formation and development of copyright collective system,, leading out the advantages of copyright collective management system in abroad, and the disadvantages in our system, in this way to learn the foreign practices to solve our problems, for getting further improvement.China's "Copyright Collective Management Regulations" in Article 2 formulates that the copyright collective management organizations means the authorization by the obligee, so the organization could make licensing contract and receive collections or pay collections by its own name, it also could carry out the legal proceedings and arbitration activities.Although the "Copyright Collective Management Regulations" had been enacted in 2004, some problems of our copyright collective management system still exists. For example, the strong administrative control, lack of market competition, monitoring system is not perfect, est. Bringing great negative impact to the development of collective management of copyright. How to choose appropriate mode of China's national conditions of collective management, improving and perfecting our collective management system, building the network of collective management organization, establishing a good, orderly copyright collective management market, to provide an efficient and convenient services for the obligee and the user will be the focus of this paper. Meanwhile, how to establish one kind of copyright collective management organization in a network environment, to better manage and supervise the works under the network environment is a problem can not be avoided in the new period.Part One:Introduction and analysis of the relevant cases. Part Two:Combination with the case, this article will focus on the functions, nature, status and legal relations of the copyright collective management, as well as the problems in our country.Part Three:This part would pay more attention on how to select an appropriate collective management model and how to perfect the collective management system and establish a good and orderly system of copyright collective management. So as to promote the cause of China's Copyright Collective Management.