Legal Issues Of Copyright Collective Management Organizations

The system of copyright collective management is a important part of the 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 copyright collective management 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 copyright collective management.Certainty, legal status, collective having introduced that copyright collective administrative organization appears manage the main body of a book organizing external legal relation of inner, and every country's legislation situation about copyright collective administrative organization. The copyright collective being founded at present already combining with our country manages and organization, analyses our country copyright collective administrative organization have problem, to making suggestions on legislation "copyright collective regulation on administration ".That the copyright puts into effect in the inside of collective administrative organization is member system, the inside relation organizing is the problem discussing that this is similar to the core organizing , among them, includes relation, organization between organization and the member and is not the relation between the member. Copyright collective administrative organization outside relation can understand the relation between relation, relation, organization and the government between collective administrative organization between being to organize and be put into use.Behind the situation introducing the copyright collective administrative organization that our country already sets up's, the author carries out analysis on the problem that our country there exists in copyright collective administrative organization at present. Have problem in two aspects, the primo mainly, copyright collective administrative organization is able to abuse it's the position monopolizing sometimes; The collective manages the secondary, the copyright organizing in the respect of managing a copyright, because of a little cause, returns a few concrete defects back to existence now.The author thinks that perfect our country copyright collective manages organization, should start with the legal system building accelerating copyright collective administrative organization. The copyright collective administrative organization that first, our country "copyright collective regulation on administration " stipulates adopt the pattern monopolizing, the collective ought to reform for "monopolize, limited appropriate competition " manages organization pattern; Secondly, the management system law design that is listed in , the author thinks in copyright collective, First, lead into competitive forces of the market, copyright collective administrative organization establishment should not set a limit for a kind of right to be able to only manage organization administration from one collective, collective administrative organization be founded requires that competent authorities O. K. but, carry out supervision by competent authorities; Second, "copyright collective regulation on administration " ought to accord with contract autonomous rule principle, this is the civil law base; Thirdly, copyright authorities concerned and collective administrative organization are not that level leads relation about, ought to be to superintend the relation with being supervised; Fourthly, build the for sure machine-made sum dispute perfecting sigmatism reward resolving mechanism; Fifth, naturally perfect legislation pair of copyrights organization sets up condition , organizes the regulation interposing, operating mechanism , increases efficiency and transparency that the person runs.