Legal Issues Of Copyright Collective Management

Copyright collective management system, belong to the Copyright Law, is an important mechanism of balancing interests to related parties, through the management of copyright collective management organization. It can reduce the cost of exercising right, and thus serve to safeguard the rights of the owner and the relative interest, and increase the role of the social benefits. However, the system of copyright collective management as an outcome of legal transplant can promote the development of copyright to a certain extent. Thus the system highlights the following issues:The formulation of laws and regulations are not comprehensive, the confusion of the internal management of the construction of collective management organizations lag the general public awareness of the law of copyright collective management, the negative effects of the social interests, there are still large room for improvement. Interest Balance Mechanism, as the starting point, is very necessary to study the problems of copyright collective management system, and has an important legal and social significance. Article introduction, describes how the system of collective management of copyright is generated by the expansion and development of the copyright. The institutional mechanism is balancing the copyright owner, the copyright collective management organization and the right to use human the tripartite interests, to achieve the ultimate goal of balancing personal interests and the interests of society;The body part consists of four chapters:Chapter Ⅰ. describes the origin of copyright collective management system, as well as the course and direction of China’s development, and introduces copyright collective management organization and its properties. The extents of copyright collective management system development directly affect the vitality of copyright collective management system. Discussing the necessity and significance of the collective management system, you can see the inevitability as the socio-economic development, the system of collective management of copyright;Chapter Ⅱ, explains the balance of interests in this small two areas of the intellectual property system and copyright collective management system which mechanism plays the role of its special significance;ChapterIII,analysis not balanced the interests of copyright collective management system, mainly from the copyright owner, the copyright collective management organizations, the rights of people three charges classification exposition, detailed description of the extended collective management system, as well as the monopoly management were missing from the body itself starting discovered inadequacies. Sought to identify the true sense of the challenge to the mechanism of the balance of interests;ChapterrⅣ, against the third chapter problems, from reality by studying other countries’ legal systems and realistic basis, to reflect on issues of interest uneven and try to propose some solutions to benefit.