A Comparative Study Of Copyright Collective Management System Between China And Japan

Holder of the work is often unable to get paid due to work being abused or without knowing who is the user, therefore the copyright collective management arises at the historic moment. The holder of the copyright collective management is an important way to realize his own rights, but also is an effective mechanism for the user to promote the development of cultural industry in a convenient way. The world’s first copyright collective management organization was founded in1851, in France, after that, some countries set up their own copyright collective management organization in monopolistic form or competitive form. Throughout the copyright collective management organizations around the world, basically, the system is defined by the national law, and is also supported by nation for its operation. Collective management system generally has the characteristics of volutariness, convenience and a certain of monopoly. China’s copyright collective management started late, the first copyright collective management organization since its establishment but twenty years of time. From2002of the copyright law for copyright collective management system of the preliminary refer to the2005copyright collective management regulations’detailed provision, and then to2012the copyright law (modify the draft)’s suggestions for the improvement of the system of copyright collective management system, we can see that China’s copyright collective management system is gradually developed. This compared with Japan which also belongs to continental law system, there are obvious gap.Japan is a country possessed more perfect copyright collective management system than other countries in Asia. Since1939the first a copyright collective management organization established, after decades of development, the Japanese copyright and copyright industry generally set up collective management organizations, and formed a set of efficient, standardized operation system, which plays a very important role in the copyright protection. Japan’s experiences have important significance to China’s copyright collective management system.In settings of copyright collective management organizations, should reduce the nature of government monopoly, introducing the competitive management mode; In the charging standard and settlement of the disputes, should clear the charge standard and solve institutions; From the inside toward outside to strengthen the supervision of the collective management organization; Finally in dealing with the collective management under the network environment, the establishment of digital management platform in the appropriate fields and use for reference foreign extension collective management system is a good choice.