Research On The Extended Collective Administration Of Copyright In China

The third revision of copyright law of China has been brewing for a long time. After several revisions, a new system—the extended copyright collective administration is introduced in the two copies of draft released to the public by national copyright administration of china. Just as the name implies, extended collective administration system is an extension based on collective administration which is linked with it in countless ways. This article starts from the relationship of extended collective administration and collective administration to expound the origin of extended collective administration system, and has an overall introduction of its historical developing process.Collective administration has a short history in our country, let alone theextended collective administration. Before current law makes explicit provisionfor the character and statue, the specific operation methods of extended collective administration and other aspects of the system, how to treat our country’s introduction of this system correctly and objectively is a core problem needed to be solved. After introducing the basic regulations of the extended collectiveadministration in the revised draft of "Copyright Law", the text makes generalization and summary of the positive and negative views. What’s more, in orderto grasp the essence and key points of various disputes, the paper has a profound analysis on the legal nature of copyright extended administration license,and on the legal nature, power source and terms of reference of copyright collective administration organization, and on the cultural factors and legal environment. Through giving a comparative analysis with the same or similar foreignsystem, the author finds the nature of Chinese extended collective license is determined contradictorily and the collective administration organization is positioned too administration-oriented, whose extended administration has no legitimatesource of right and the standard of its terms of reference is too generalized. In addition, our country lacks the unique cultural factors and legal environmental of the Nordic countries.Although the introduction of extended collective administration has many obstructions and obstacles, it is still worthy of recognition and approval, whichwill be verified from necessity and feasibility two aspects. At last the article puts forward some suggestions and opinions on how to establish extended collective administration system suitable for China, including trying out "three-step test", further limiting the scope of extended administration, improving the mana gement and service of collective administration organization, establishing scientific remuneration payment mechanism and comprehensive dispute settlement mechanism, protecting the interest of copyright owners and the reasonable anticipated interest of users, strengthening the related personnel’s legal consciousness.