The Research On Extended Collective Management Of Copyright

The traditional form of exercising copyright is the copyright owner authorized by the individual, which obligate can actually control the situation by the direct performing of copyright to decide and control the economic use of their works and non-economic conditions. With the form and use of the works becoming more and more complication and diversification, the copyright owner is hard to maintain and implement of certain rights through individual management, so that copyright collective management as a new protection and coordination methods emerges. The establishment of copyright collective management organization, is designed to focus the rights of the majority copyright owners to use, the collective management organization sum up the authorization and payment, then distributes the payment to the members of the copyright owners. Copyright collective management can effectively reduce the transaction cost, the copyright owners, users and the public can benefit from it. This mean can not only effectively improve the ability of the copyright owners to wield their rights, but also provides convenience for users to use legally and spread of works, and finally promote the prosperity and development of social public cultural undertakings.In the traditional mode of collective management of copyright, the copyright collective management organization can only be authorized to manage the works of membership, don’t allow to manage works of non-members. But with the development of this system, in the 60’s of last century, the Nordic countries, according to the practical needs of the collective management of copyright, created the extended collective management system, that is in the field of copyright and neighboring rights, in special conditions prescribed by law, the license agreement in the collective management organization which is fully represent the interests of owners of copyright in some field and the users remains pertinent with the non-members of the copyright owners. In other words, in some special cases of the legal, the eligibility of the copyright collective management organization can extend to manage non-members of copyright owners’ works. This is a unique law technology, breaking the traditional theory of the protection of private rights, and it is a challenge to the principle of private autonomy, similar to the statutory license and compulsory license, is regarded as a limit to the copyright.In 2012, our country promulgated the "draft amendment to the copyright law of the PRC", which reference legislative experience of the Nordic countries, and introduced the extended collective management system. But once the draft was announced, it sparked vigorous debate, especially in extended collective management system. Some scholars and experts of China expressed strong doubts and dissatisfaction to this system. They thought that basing on the current situation of the country and taking into account the copyright collective management organization development condition, the introduction of the system was obviously inopportune or inappropriate. There are also some scholars supporting the attempt of legislators, because in their opinion, as long as reasonably designing the extended collective management system to suit local conditions, the introduction of the system will get good results. The author think, the extended collective management system as a new system exists not a long time, public awareness is not high on it, and it also challenges the traditional privacy protection theory, so it has been criticised by professionals. However, there is no doubt that the extended collective management system has its rationality and necessity. It is convenient for users to use the non-members of copyright collective management organization’ productions legally and quickly, at the same time, it effectively protects the rights of non-members of copyright collective management organization, so as to make non-members’works can be used when users pay it, finally it can avoid the non-members rights of economic interest loss. In the use of "orphan works", extended collective management can make it in a state of being protected when the right people at the unknown or hard to find cases. For the use of foreign works, the extended collective management also has a very good effect.This article has deep analysis in the extended collective management system. Basing on the theoretical basis of the extended collective management system, the article analyses attribute of extended collective management system, and according to concluding the basic elements of the extended collective management, this article sums up the differences between the extended collective management and traditional copyright collective management. The Nordic as the origin countries of the collective management system, has extremely important reference function for China to transplant the system. This paper elaborates on several typical countries of the extended collective management system legislation,and analyses the substantial reference of foreign legislation to our country in the basic value level, the view of legislative point level and the relevant measures improving level. This paper faces up to the difficulty of extended collective management system transplantation in China, and put forward some specific suggestions on how the extended collective management system implement in China from the point of legislation and the relevant supporting measures, and builds the operation mechanism of the extended collective management further in china.