The Study On The Collective Management Of Copyright In The Digital Era

Along with the rapid development of digital and net technology, the way of using and protecting copyright has been changed. Everyone would be a author, if he likes. Models of communication are using on net. Copying is easy and cheap. Demands are different and various. On the one hand, the changes enrich people’s worlds of sense and spirit, accelerate the speed of diffusion of information, and push the development of copyright industries. On the other hand, the changes have broken the balance of interest, and damage the interests of the copyright owner. As a single force, it difficult for the copyright owner and adults to get their legal rights, so most of them would rather control copyright in their own hands; the users of information continued to increase because of the economic development. But they don’t know how to obtain it. From the community point of view, the creator and propagator will seriously undermine the public of acquiring knowledge and information. It’s bad for the information’s communication and development.Digital technology, promoting economic development and satisfying the interests of the requirement, demands the collective management of copyright. Mr.wei pointed out: the copyright of collective management system that is to standardize the copyright owner, other relevant organizations authorized to administer the copyright or neighboring rights. Copyright system of collective management is an important part of the modern copyright law system.Collective management of copyright has its advantages which will not be replaced. In economically analysis, the internet environment can reduce costs and maximize the law benefits. In addition, the copyright collective management system will help protect the owners of the copyright and the legitimate rights. To promote the creation of the initiative and maximum users’convenience, taking a package permission to reduce the cost of searching for work and negotiations with the owner and increase the amount of work and efficiency. The ways of management built up a bridge between users and communication’s and achieve healthy balance between personal interests and social and public interests.Digital technology and network environment has brought unprecedented challenges for copyright collective management. At the same time, copyright collective management organizations have their weakness which has seriously hindered its development. Music Copyright Society of China was built in1992, which is the first copyright management in China. Abroad collective management organizations appear in the early19th century in France. Which have existed more than two hundred years and the relevant laws regulations and organizations are regular. Abroad collective management of copyright has a large number of members, which has a great influence on the copyright market. Comparatively speaking, china’s copyright collective management has a late starting, slowly development, and is lack of theoretical research and relevant legislative. Institutions are not perfect and lack of social basis.With the increasingly frequent international exchanges and cooperation of intellectual property rights, strengthening the protection of intellectual property rights is a pressing task. In the field of copyright protection, strengthening copyright collective management system and organizational building has an important theoretical and practical significance.Based on the above theory, I study on the collective management by the historical research and theoretical research methods. Try to analyze collective copyright administration and the concrete practice, and minimum in the field of the problems about copyright collective management practices and make corresponding improvement measures by research about investigate. It is essential to improve policies toward the cultural industry, support its development and enhance its overall strength and competitiveness.Article is separated into five chapters.Chapter One, a basic theoretical analysis on the copyright collective management, mainly discusses the definition, functions and the non-profit nature of the copyright collective management.Chapter Two analyze the importance of collective management system for digital rights in the economic role. The first section describes the relationship between copyright and digital technique, the second section of the preconditions for the economic is very important, and development of the copyright in a theoretical foundation is important for economic and social role.Chapter Three introduced the research about the theory and practice of copyright collective management at home and abroad by comparative analysis methods. In response to the digital age of the new challenge, the United States, Japan, Germany and Britain established organization which is meaningful for our collective copyright administration and development.Chapter Four analyzes the current situation of our system, and this part is the core of this thesis. Based on the Google digital library, which damage the interest of570authors in China, Google and the copyright associations take actions in negotiations. I will analyze and dig the problem about the collective copyright management.External and internal problems will be introduced in the chapter. Firstly, I will intrude the internal problems. The development of Digital technology had broken the interests of the balance existing in copyright market, which causes the conflict of interest between owners and users; Nonmembers management missing is the key reason for the slowly development; National administrative power impeded its development, and don’t give enough support in funds and technical: Another vital factor is that Citizens have a weak sense of safeguarding rights.Secondly, Collective management organizations still have their own exclusive problems. Organizations should to be improved and be lack of professional and technical support; Copyright of collective management organizations authorized by owners hinder it’s development; the way to get Copyright royalties and license should be improved; lack of supervise mechanism and coordination.Chapter Five is about to give some advices on improve the system of the copyright collective management in China. The ultimate goal of the thesis is to introduce competitive mechanisms and develop the digital rights markets. Set up the establishment of trading system by digital technology and increase the efficiency of the copyright of transaction. As social organizations, self-reliance should be kept. Strengthen the work of propaganda and enhance public protection awareness of the copyright. Setting up comprehensive monitoring mechanisms, which is to ensure the transparency of the collective management organizations.