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On The Right To Make Appropriate Extension Of The Right To Collective Management Organizations Trust Management

Posted on:2012-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:S Y DongFull Text:PDF
GTID:2206330338491623Subject:Intellectual property law
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Law is a special kind of social norms which regulates the interaction between people. Since the Ancient Greece, Protagoras had made that man is the soul of everything and the measure of all things. If you want to study it, you must study man first. Law is to enable people to get benefits. The core idea of copyright law is to balance the rights between obligee, users and the public interests while promoting the use and communication of the literary, artistic and scientific works to get the social scientific and technological progress. But in real life, the Internet makes the use of the works simpler and the obligees control the rights of copyright is getting more and more difficult. The copyright collective management organizations came into being. Now the copyright collective management organizations have to face an urgent problem, that is whether they can grant a permission to users to use works that belong to non-members of them? In China now, the obligees have the right to decide whether to join the collective management organizations. The collective management organizations have no right to grant the users to use the works of non-members. At present, the collective management organizations in China have not enough representativity. Now collective management organizations grant the users to use the works of non-members which may cause a lot of trouble. In fact, it does not accord to the long-term aim of collective management organizations. The mission of copyright law is that people should get more and more benefits. Utility Law School belive the laws should bring people happiness, so that copyright law should promote interests of the parties involved. In this article I believe "happiness" is the interest. Interests here should be in a broad sense to study. It not noly refers to material interests, but also mean spiritual interests; It not only refers to the immediate interests, but also mean long-term interests; It not only refers to the interests of the individual, but also mean the interests of society as a whole. So the author believes that we should extend some rights of the collective management organizations to a reasonable range that is the collective management organizations have the right to grant the users to use the works of non-members. Of course, the collective management organizations should be strictly supervised by the parties involved to prevent them to abuse their rights and to protect the rights of members and non-members.By studying the practice of the collective management organizations, the basic principles of copyright law, the author believes the collective management organizations should have the right to grant the users to use the works of non-members and should be strictly supervised by the parties involved.
Keywords/Search Tags:Collective management organizations, Trust management, Operational, Balance of interests, Monopoly
PDF Full Text Request
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