Research On Legal Relationship Of Copyright Owners And Copyright Collective Management Organization

Collective Administration Organizations of copyright as a very important organization in the protection for the Intellectual Property. Ever since the emergence of it in Europe, has undergone the development of more than two hundred years, but it is a new system in China. Whit the development technology, knowledge economics, technology of computer and network, the transmission of information broke through the geographical boundaries of time and space. the copyright collective management organization responsible for an increasingly important mission.How to define the legal relation between copyright owners and copyright collective management organization and what is copyright collective management organization’s rights scope and obligations. How to define the legal relation between copyright owners and copyright collective management organization in China to make copyright collective management organization achieve work more effectively is the main content of this paperThis study begins with the copyright collective management organization first, summarizes something about what is the copyright collective management organization and the development of the copyright collective management organization overseas, the property of the copyright collective management organization and well as the necessity of the existence of copyright collective management organization, to draw the necessity to research the legal relation between copyright owners and copyright collective management organization. Then, this study is based on the legal between copyright owners and copyright collective management organization, briefly introduces the legal relation between copyright owners and copyright collective management organization exists overseas.Then introduces three legal relations exist between copyright owners and copyright collective management organization, as principal-agent relation, trust relation, transfer relation in details, the application of every legal relation and to point each legal relation’s predominance and deficiencies. We can combine with the use of the three legal relations in practice and for the trust legal relation as the main forms, will be supplemented by principal-agent legal relation and transfer legal relation. I don’t advocate defining legal relation between copyright owners and copyright collective management organization as one form and should use it flexibly, for example, beyond the trust legal relation we do not exclude to establish such as principal-agent legal relation and transfer legal relation between copyright owners and copyright collective management organization. Legal relations in the field of the rights to maximize performance for each use of the three forms to be able to achieve mutual effect each other, hoping to reach the relationship between copyright owners and copyright collective management of benign interaction.Subsequently commissioned by the principal-agent relation, trust relation, transfer relation of three legal relations exists of the extent of the rights and obligations of copyright collective management organization, and point out that the addition to the emphasis on property rights, the scope of moral rights can be incorporated into the rights of copyright collective management organization. Subsequently, the front part of the study of copyright owners with the laws of the collective management organizations, the ultimate goal is to perfect China’s copyright collective management organization to play a bigger role in China’s copyright collective management organization in the field of copyright,The last part is to introduce the legal relationship between China’s copyright collective management organization, first introduced the situation of China’s copyright collective management organization, followed by an analysis of the law of copyright owners and copyright collective management organizations, positioning, and thinking, that should not be the general positioning of the legal relationship between China’s copyright owners and copyright collective management organization for the trust relationship, to learn from other countries will be entrusted to the form of principal-agent relation, transfer relation of applications come in to China’s copyright collective management organization is more perfect, so the copyright collective management organizations will play a better role in safeguarding the legitimate rights and interests of copyright owners and other. In addition to the copyright economic rights granted to copyright collective management organization, incorporated into the scope of the rights of copyright collective management organization, we can try moral rights within the scope of the rights of the copyright collective management organizations, so as to make our country’s copyright collective management organizations more perfect.