The Legal Analysis Of Extended Copyright Collective Management System

With the advent of digital copyright collective management system, copyrightmanagement problem increasingly prominent. Copyright collective managementsystem in our country, set up time is not long, still at the initial stage of development,and the interests of the copyright owner of the new situation of non-members and thecontradiction between the use of a lot of work needs to be solved. So in this case, ourcountry tries to draw lessons from the Nordic countries such as extended copyrightcollective management system to solve this contradiction, is also an important wayto improve the system of collective administration of copyright law. But we are inthe process of reference, can not only see the Nordic countries such as the extendedcopyright collective management of the law, and should deeply dig the root cause ofthe system development and the theory, more important is to explore the valueguidance in how to realize the system development and improvement. Based on thestudy of Nordic countries such as extensibility for copyright collective managementsystem of the legislative situation, on the basis of analyzed to establish the legalbasis of the system, and essentially analyses the value orientation of the system inour country. Finally in recognizing extended copyright collective managementsystem of our country’s present situation from the legislative and judicial aspectsafter the perfection of the system was demonstrated.This paper is divided into four parts:The first part is the meaning of extended copyright collective managementsystem and legislation analysis; On defining the connotation of the system and thelegal attribute, citing two first established the system of typical countries, theirlegislative situation summed up the general characteristics of the system andexpounds the enlightenment for our country establish the system.The second part is the legal basis of extended copyright collective managementsystem. From prohibit abuse of rights, the principle of balancing of interests andeconomic incentive principle from three aspects, comprehensively expounds theestablishment of the system is based on the theory of what kind of considerationsand legislative purpose. The third part is our country to establish the value pursuit of extended copyrightcollective management system. From both efficiency and justice with the basic valueof law, and emphasizes the fairness and efficiency first discuss what aspects of thissystem is based on reflects the work efficiency and profit distribution managementand the use of the fair.The fourth part is the improvement of the system of extended copyrightcollective management. Through the elaboration of now to establish the system inour country there is insufficient and defect, from the angles of legislation and thejudicial process to support the perfection of the system.