The Extended Collective License Of Copyright

The Extended Collective License of Copyright originates from the Nordic Countries. Itrefers to the collective management and organizing of the effect of license agreement signedwith users as well as the work which has not been authorized by the copyright owners. In thedraft for Copyright law (draft amendment) published in2012, the legislators in our nationattempted to introduce this system but it has caused fierce debate. Therefore this paper willconduct an analysis on the extensive collective management system of North Europe,demonstrate the necessity for establishing this system based on non-member litigation of ourjudicial practice.This paper is divided into four parts: the first part is focused on non member litigationthrough which it demonstrate the fact that the issues are caused by the incompleteness ofcollective management and organizing license agreement representative of music collectionassociation and music copyright association etc, the confusion of judicial organ to this kind ofcourt judgment as well as the response from all parties to this kind of litigation. The secondpart is the introduction of extensive collective management system of copyright and it alsointroduces the definition, historical development, basic feature and attribute of extensivecollective management system of copyright. The third part discusses the eligibility ofextensive collective management system of copyright. Initially, four basic licensing modelsare used as basis and the analysis is conducted from the perspective of transaction cost.Secondly, the legal basis of this system is analyzed from aspects such as exclusiveness,interest balance of adhering to the right. Lastly, it further analyzed the possibility of thesystem to be expanded in digital era. The fourth part illustrates the necessity of establishingthis system through comparing several substitution plans such as statutory license, mandatorycollective management etc combining the actual situation of our nation. Moreover, it alsocomments on the modified draft so as to put forward the building of concrete rules.