Copyright Collective Management System And Its Legislation

The Collective Management (CM) of copyright and related rights is a important part of modern copyright law system. Traditional management of copyright is exercised by authors on an individual basis, that is to say authorizing each use of works case by case. But in modern society, the expansion of users and using means lead individual management to be quite inefficient. So the CM has been the supplement for it and sometimes maybe the only way in some copyright exercise. After the new copyright law promulgate, it is time to establish the organization and mechanism of CM.This thesis consists of five parts.Part I consists of five sections. Section one reviews the theory and legislation practice on the definition of CM and summarizes a reasonable definition based on the combine of theory and practice. Section two focuses on the disputes on the necessary of the CM ad its function. Section three contains an analysis of the economic function of CM and a system design from a economic point. Section four contains a discussion of different types of CM Organizations (CMOs) and concludes the dominant position of CMOs for each given class of rights in a country. Section five introduces some CMOs in the countries.Part II consists of three sections and is the most important one. Section one makes a comparative study between CM and some analogous legal relationship of Civil law, based on the analysis of the basic elements of CM. Then incorporate CM into a trust relationship. Section two analyses the relationship between the CM and right owner or users based on the antitrust law, because the dominant position of CMOs leads to one of the core problems of CMOs, which consists in their being monopolies in their respective territories.Part III consists of two sections. Section one contains the principle of CM and the range of right by CMOs. Section two provides an in-depth discussion of CMOs operation to some copyright, include theperforming rights in musical works , the mechanical rights, the broadcasting rights , the neighboring rights of performers and phonogram producers, reprographic reproduction rights and rights concerned by home taping , the remuneration for rental.Part IV consists of two section. Section one introduces the challenge to the copyright law and CM by the high-tech. Section two protrudes the important role of CM in now information society.Part V focus on the contribution to our country's legislation on CM. Section one examines the defect about CM in the structure of copyright. Section two put forward several proposals to construct our CM system.