Legal Issues On Film Copyright Collective Management

China Film Copyright Association was founded in Beijing in April2010.This is the fifth association founded in the field of Collective Management of Copyright after Music Copyright Society of China, China Audio-Video Copyright Association, China Written Works Copyright Society and Images Copyright Society of China,which means that the systems of Collective Management of Copyright have taken shape. As the only collective management organization in China’s film industry, it’s set up to protect the rights of the copyright owner.Making the channels of the films’using and protection are of great significance.The first part is a general analysis of the film’s copyright collective management and the definition of the film copyright collective management organization, since the social common understanding of the basic properties and characteristics of the Copyright Society of Film is not clear. First of all, we use some examples to study and analyze the various typical definitions of copyright collective management. Secondly, we’ll analyze the legal status of the film copyright collective management organization. According to our current legislation and scholars generally accepted view, we’ll analyze and describe the organization of the film Collective Management of Copyright. We’ll discuss whether the future development should always adhere to the existing mode of operation of copyright collective management organization. In this chapter, we’ll analyze the problem, such as the monopoly, semi-official nature and the corresponding competition from different angles to get the conclusion weighing the advantages and disadvantages. Finally, we’ll analysis the particularity of the management of CFCA in order to avoid blindly copying the experience of China’s copyright collective management organizations.In the second part, according to the disputes caused by legal nature of the relationship is unclear for CFCA, select the legal relationship of film copyright collective management organization to study the issue, proposed a variety of legal relations and accurate qualitative. As the legal relationship of copyright society is determined by the current legislation and practices in China, the paper, which discusses the legal relationship of film copyright collective management organization, can be directly related to legal relations of China’s copyright collective management organization analysis. Thus the film copyright collective management organization of this particular object can be applied correspondingly. Firstly, we discuss and summarize the legal relationship between its members. Since China’s legislation does not clearly defined between the two managements, we strive to prove the two trust relationship between them by the examples of each point of evidence. Secondly, by discussing the legal relationship between the discussion with the user and analyzing the characteristics of two different licensing, Film copyright collective management organizations shall follow reasonable and lawful way in issuing the license. Finally, we’ll analyze the legal relationship among copyright collective management organizations, especially the nature of the problem of reciprocal representation agreements.In the third part, we’ll study the select of the film copyright collective management organization for the lack of copyright collective management in China’s film and the operational mechanisms, in order to explore a method of improving the operational mechanisms. Firstly, we’ll study the typical country in the world, such as Germany, France, the United States, Japan, copyright collective management organizations. Secondly, we’ll inspect the operating mechanism of the copyright collective management organizations in our country including Taiwan and Hong Kong. Thirdly, we’ll summarize and analyze the relevant foreign organizations operating mechanism and review the lack of current legislation and practice in China. Finally, combined with its own characteristics of the film copyright problems and make some suggestions for improvement.The fourth part is about the disputes caused by the Chinese Movie Copyright Association way of charging standard. Selecting the charging system of film copyright collective management organization to study and explore the methods of improving system of charges. Firstly, we’ll offer objective analysis of the charging standard to show the problems. Finally, of course, we’ll put forward some advice, to prompting the charging standard more reasonable for the corresponding problem...