The Construction Of Extended Collective Licensing System In China

With the advent of digital network era, creative environment and mode of transmissionof works have appeared a huge change. Demand for mass use of works and the protectionof orphan works have made traditional copyright collective management systemexperiencing unexpected shocks. Nordic countries put forward extended collectivecopyright management system creatively to provides beneficial reference to solve theseproblems. In the case of China’s copyright collective management system started late anddeveloping slowly, the legislature amended the law initiatively besides introducingextended collective copyright management system in China. However it caused an uproarin society, mainly because of legislators just introduce the legal provisions, while ignoringthe rationality behind the system and the way to realize the localization of the system in ourcountry. The paper analysis the legitimacy of the extended collective management from theview of history, economic and jurisprudence theory, combines with different nationalregulations and our existing practice to put forward proposals for China’s extendedcollective management system.Except the introduction and conclusion, the paper has three parts:The first part is an overview of the extended collective copyright management system,mainly from the historical development of the system to analyze its concept and nature.The second part is to demonstrate the legitimacy of extended collective copyrightmanagement system, proof positive is carried out by jurisprudence and economics theory.And further think that even in the current digital age, the existence of the managementshows no flaws.The third part describes the basic elements of extended collective copyrightmanagement to provide a reference sample for the last part of the article.The last part critics the revision of the copyright law, and analyze facing obstacles ofbuilding our extended collective management system. The ideal system includesfour aspects, the applicable field, the basic requirements for the extension, non-members ofthe copyright owner of the work management and dispute resolutions.