A Research On Transplantation Of Extended Collective Licensing

Extended Collective Licensing (ECL) was first established in Nordic countries in1960s. ECL allows collective management organizations (CMO) to licensing theworks beyond its repertoires. Under ECL, CMO can license the rights whose rightholder is not a member of this CMO. The facts show that ECL in Nordic countriesplay an important role in mass use of copyright works. This system has drawn theworld’s attention. For example, UK is now considering establishing ECL in itscopyright system.China is now under the process of third revision of copyright law. Legislators aretrying to transplant ECL into copyright law of P.R.C. However, when the authorityannounced the news, the right holders express their concerns about ECL in China.They believe ECL will deduct their lawful benefit.In fact, ECL is a useful way to solve the problem invoked by mass use. But thesocial background of China is different with the Nordic country when the ECL wasestablished. It believes that ECL in China is good for the development, especially insection of Karaoke.P.R.C copyright law has a wide scope of statutory license system. It is better notto describe a general term of ECL which the Nordic countries have done. To balancethe benefit of users and right holders, ECL in China legal system should be confinedinto a specific scope.