Study On The Collective Management Organizations’ Licensing Regime Under The Digital Situation

The development of digital technology affects the copyright licensing regime profoundly, by changing the way of creation, reproduction, and transmission of works. The collective management organizations’licensing regime which made a brilliant achievement in the past also confronts both opportunities and challenges. As a result of rapid increasing of works, copyright holders, and users, the copyright market relies on the collective management organizations much more than ever. And by the help of digital technology, collective management organizations’ability to hold and license the copyright they were granted by copyright holders is greatly enhanced. Meanwhile, people have been keeping criticized the monopolization inside the collective management organizations’licensing regime. When the development of digital technology also upgrades the copyright holders’capacity to manage their own right, the collective management organization licensing regime’reasonability and value are questioned intensively. In order to eliminate monopolization inside and construct a efficient copyright license platform, the world has offered several plans, like the CCC mode, concept of "copy mart", the CC project, etc. For the history of the collective management organizations’licensing regime in our country is short, there are many problems existed, especially in times of digital. This paper bases on it, and tries to find a appropriate way to perfect the collective management organizations’licensing regime in our country, by studying the copyright law theory, comparing the legislation and practice in home and abroad.This paper is divided into four parts. The first part talks about changes of the collective management organizations’licensing regime under digital age, including the way digital technology affects copyright collective management, the changed characteristic of license contract, and the balance in copyright license. The second part focuses on typical license modes among the world nowadays, to introduce and comment their operating mechanisms.The third part discusses current situation of the collective management organizations’licensing regime in China, including summarize, the position, the power source, license mode, and so on. The forth part is meanly to offer some solutions for the existed problems of the collective management organizations’ licensing regime in China, such as optimizing Chinese collective management organization layout, adapting the extension of copyright collective management, emulating the CCC mode, etc.