Copyright Collective Management System Study

In traditional theory, intellectual property rights are private rights. In principle,the rights should be exercised by the authors. But in modern society, the expansionof users and using means lead individual management to be quite inefficient. Theemergence of collective management of copyright and related rights has resolvedthis issue.The outstanding function of collective management is that it can not onlycarry out and protect the legal rights of copyright owner but also provide aconvenient and unimpeded outlet of the usage for the work user, building a smoothand convenient bridge between the copyright owner and work user. So thecollective management has been the supplement for individual management,sometimes maybe the only way in some copyright exercise.In the international world, collective management system has become animportant system that intelligent property rights are well protected among nations.But collective management system have been introduced to China just for decade.Now China is facing the important mission to constitute full collectivemanagement system and set up collective management societies. How to refer toother countries' successful experiences and establish our own collectivemanagement system is the main content of this thesis.In this paper, with the basic theory as a foundation and some new situations inpractice, the author expresses own opinions in view of the current situations andexisting problems of our collective management system. Except for theintroduction and conclusion, this thesis consists of four parts.In the first part, first of all, the reasons of establishment of collectivemanagement societies were discussed, then the thesis analyzes the origins and theconcept of the collective management system. Secondly, the author describes thedevelopment of this system among the foreign countries. Finally, like each coinhas two sides, the good side and the bad side, the collective management systemhas both advantages and disadvantages.The second part is the legal analysis of the system. SectionⅠof this part, theauthor expresses the legal status of collective management organizations, then the non-profit and monopolied properties were analysized. In sectionⅡ, the thesiscarries on the study on the main legal relation within collective management ofcopyright. The relation among organizations, the owner of fights and the user wereanalyzed. SectionⅢsummarizes the functions for the collective managementorganizations, consisting of the authorization, collection and distribution aboutroyalties and so on. The final section puts forwards that the supervision will becarried out through the intemal, administrative and social supervision.PartⅢdiscusses about the new development of the collective managementsystem in our society. First, the thesis points out in the network environment, thecollective management is facing the opportunities and challenges. Then, itdiscusses digital innovation in the network environment, the author puts forwardsthat organization of collective management should be adapt itself to thedevelopment and establish digital information system of copyrightmanagement.The fourth part of this article is about the situations and reform of this systemin China, which is the key point of this article. The author first introduces ourcountry's legislation on collective management system and the situations aboutcollective management organizations. Then taking cases as examples. Finally, theauthor examines some defects about collective management system in our country,then the author gives the specific measures and proposals to construct ourcollective management system.