A Study On The Collective Management System Of Copyright In China

In July 2011 the third revision "Copyright Law" kicked off June 9,2014 the State Council Legislative Affairs Office announced the "People’s Republic of China Copyright Law(draft revised draft)"(hereinafter referred to as "manuscript"), Chapter 5, section 61-67 article is copyright collective management system, which reflects the extension of Article 61-64 of the basic spirit of the collective management system. Although the introduction of extended collective management system questioned by many, it will be extended to non-members collective management can really address the needs of a large number of works at the rapid spread of the Internet age, the protection of the majority of foreign cultural works and orphan works, and therefore, we have to look at extending the right the need for collective management system introduced, revealing applicable extended collective management system problems of how to build extended collective copyright management system.The first part describes the background and necessity of the law extended collective management system. By the method of literature on extended collective management system, the traditional copyright collective management system were analyzed and compared, summarized the plight of China’s traditional collective management of copyright encounter, including the use of the works and the plight of the plight of conflict of interest. Combined with digital background clarify extended collective regime can solve the plight of two traditional copyright collective management system, thereby certainly introducing the author extended collective management system. The second part, using the comparative method of analysis of the Nordic countries and the proposed set of extended collective management system,our reference induction three Scandinavian countries extended collective management system: extended collective management system management organization in the country representative; licensing agreements with a range of people to use collective management organizations have clear legal provisions; non-members more fully enjoy the rights guaranteed. The third part of the study extended collective management system of collective management organizations without permission on behalf of authorized non-members may not fully respect the wishes of the copyright owner; study of the proposed set of extended collective management system licensing models and "Wrap-up fee " part of the existing problems, including the authorization process unfair treatment of users and non-members, non-members fee paymentdifficulties, works royalty fees for non-members is unfair. In summary, I believe that our country extended collective copyright management system has three thinking:build backlinks licensing model that relies on Internet technology, government resources to establish a complete information platform, if not online right holders declare their works through the use of legislative provisions authorized use of the work on the use of people deemed to have implied permission of the copyright owner;the introduction of the German mandatory collective management and collective management estimation equation, promote decentralized entry points in the field to do a limited migration, improve the legal system operability; establish oF digital work registration information system to facilitate the collective management organizations to pay royalties to the copyright owner.