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Perfectingf The Exercise Of The Rights Of Copyright Collective Management Organization Research Question

Posted on:2015-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:X J CuiFull Text:PDF
GTID:2266330428484755Subject:Civil and Commercial Law
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With the coming of knowledge economy,the artistic creation gradually is taken seriously.Copyright protection is also much cared.Copyright collective management organization is established in the needs of the rights of thcopyright owner. Foreign copyright collective management organization system are hundreds of years of development history, but20years in our country. The running problems of this system in our country is objective and inevitable. The first second and third revision opinion draft copyright law are released in March2012July and October.The system of copyright collective management organizations are an important content in the modified, causeing a discussion of experts and scholars. The focus of the discussion questions focuseds on how to safeguard the interests of the holder of the copyright, playing collective management organizations role of active at the same time. The revised copyright law adjusts the authorization mechanism and also makes major changes in trading patterns. Amend the copyright law of our country will enter the stage of the state council and the deliberation of the standing committee of the National People’s Congress after three times to modify,so copyright collective management organization system still need to continue to improve. Monopoly and competition are on the pattern of copyright collective management organization, our country choses the former. Monopoly can play the advantages of copyright collective management organizations, but easy to cause the copyright owner or law rights abuse of authority granted. And our supervision on the exercise of rights of copyright collective management organization system is not perfect.In addtion to,dministrative organ fails to perform his duty.Those reasons make the copyright collective management organization more brazen abuse of power and monopoly to harm obligee’s interests. Competition is a better way to governance monopoly.Drawing lessons from other countries’legislative experience, combined with China’s national conditions, We can take the limited competition under monopoly.At the same time we should give full attention to the anti monopoly Act.certainly supervision should be perfected, which is the unity of the formation for the internal administrative judicial supervision system. Some prombles should also be solved that copyrightcollective management organization harms the right of the copyright owner in the process of running.
Keywords/Search Tags:copyright collective administration organization, monopolymode, supervision way, limited competition, anti monopoly act
PDF Full Text Request
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