Foreign Copyright Collective Management Study

The collective management of copyright is one of indispensable measures for authors to protect their legal rights. It can effectively solve the problems of copyright misuse brought by modern technology, and promote the cultural development positively. To protect the rights of authors, facilitate the legal and normal use of works by consumers, keep in conformity with the requirements of international copyright protection system, it is of urgent need to establish and amplify concerned organizations/associations particularly for copyright management in our country and perfect our legislation of copyright collective management.In some developed countries, the study on the issue of collective management has reached at a sophisticated level through great efforts. While in our country, such study is still in the preliminary phase. In this thesis, our current copyright collective system is discussed systemically in a comparative method.Firstly, this thesis provides an overview of the concept, the functions and legal properties of the copyright management. Our existing rules and regulations and operational mechanism on copyright management are summarized.Secondly, this thesis provides an analysis of the deficiencies in China's existing laws and regulations on copyright management. The following key issues are analyzed: the mode of the source of power, internal structure, the legal relation between the society and the author.Finally, by means of comparison with relevant legislations of other countries, in view of China's national characteristics and economic development level, this thesis put forward some specific proposals with regard to China's future relevant legislation including both legislation principles and corresponding rules and regulations.The originalities of this thesis lie in:Firstly, this thesis conducts a research on a legal issue by way of comparison. Based on the successful experiences of other countries, this thesis attempts to probe the track and features of the development of the copyright management.Secondly, this thesis is not be restricted solely to the research made by other scholars and policy makers, it highlights the most important and difficult points on copyright management. Meanwhile, the specific legislative proposals are put forward.Lastly, with the intention to improve our current legislation and practice of the copyright collective management, specific legislative proposals are offered in thethesis. Based on pertinent study and experience abroad, the deficiencies existing in our country are pointed out and the specific legislative proposals are put forward.