The Study On Chinese Collective Management Of Copyright System

Collective management of copyright is a right trust system. Copyright ownerstransfer their rights to copyright collective administration organizations throughindependent or legal authorization.Then,the copyright collective administrationorganizations exercise these copyrights based on members’ authorization byauthorizing Works users and rights protection activities. copyright collectiveadministration organizations are usually non-profit.Comparing with the Westerncountries, development of Chinese collective management of copyright system has abig different point that collective management of copyright is a development frombelow,but in China, collective management of copyright is a totally new legal andsocial system by government.And it’s also responsible for disseminating copyrightculture and popularize laws and regulations,so it’s very significant to make a deepresearch on it.This thesis began with evolution and fundamental theories,and then itwill make a comparison between different western countries in order to resolve theproblems of Chinese collective management of copyright system.The whole thesis has four chapters.First chapter was named after summarisationof copyright collective management system, including two sections:systemfundamental theories and evolution.the “evolution” was made up of foreign part anddomestic partm,and the “system fundamental” was divided into four parts ofdefinition、nature、fundamental principles、legal relationship.This chapter made asufficient statement and analysis on history and fundamental theories of collectivemanagement of copyright in order to the empirical study below.The second chapter is the introduction and comparison between different developedcountries in order to find some valuable experience on perfecting ours.The third chapter follow the mentality of “to raise and solve issue”.Though the“lilac song” case and the argument between Kunming’s hotels and restaurants ownersand MCSC,I used empirical research method to analyze the issues ofmembership、copyright royalty collection and distribution、supervision of collectivemanagement of copyright organizations、settlement of the disputes of copyright collective management.This chapters try to find a the root of problems and givecome thinking directions on how to solve the problems above.Last chapter is the “solution part”.Considering foreign practices and nationalconditons,I resolved the problems raising above by improving and perfecting thefinancial system、supervision of collective management of copyright organizations、details of the member service and external work.At the same time,a collectivemanagement disputes arbitration system should be established in the future.