The Rights Of Copyright Collective Management Organization In China And Its Limitation

There is no copyright collective management organization in our early stage,"CopyrightLaw" amended and promulgated in2001, it referred to the copyright collective managementorganization.2004"Copyright Collective Management Regulations" explained the specific contentof the organization in detail. Follow the pace of the times, the value of the organization isincreasing in the copyright market. In author’s opinion, the discussion on the right and itsrestriction in this article will have some help to the practice. The general structure is divided intofour parts:The first part: introduce the right of the copyright collective management organization. Theright of the organization is divided into two categories: The first one is its function, can also beseen as its power; the second one is its management right. The organization’s function is dividedinto the basic function and the development authority. This part discusses the source of the powerand the limitation of the right. The right of the organization comes from the copyright owner, butthe range of the right will not be the same in different management mode.The second part: study the copyright of the domestic and foreign collective managementorganization. Author studies the law of Germany, Japan and Taiwan, also analyzes the legislativesituation of the right in China and its development in practice.The third part: in this part, author exposures the problem of the China’s copyright collectivemanagement organization in practice, and also analyzes the reason of the problem.The fourth part: analyze the limitation of the organization right. Because the organizationexists monopoly situation in the copyright market, it is necessary to regulate the right of collectivemanagement organization, and to build a competitive market. Author analyzes the influence ofChina’s legislative, judicial, administrative protection to the organization, the actual performance ofthe right, the abroad system design. Through the analysis, author expounds the specificationcorresponding measures to restrict the right of collective management organization.