Comparison Of Chinese And American Copyright Collective Management Organization System

Copyright Collective Management System is a unique system of copyright system of intellectual property protection mechanism, which is different from the trademark, patent and other intellectual property rights. Copyright collective management is one of the most important ways to realize the rights of people for their rights. It not only provides greater convenience for the copyright users but also saving copyright transaction costs and improves the efficiency of the copyright trading. Our collective management of copyright starts late, facing many problems in practice, therefore, more advanced study and research abroad and mature copyright management system is particularly important. US copyright collective management organization has developed a more complete system. It provides beneficial reference for our country to establish the system of collective management organization. Especially in the collective management organization setting, membership system, the relationship between managers and users. This paper is divided into four parts.The first part, the concept of copyright management, characteristics and development, as well elaborate the status of copyright collective management system of the two countries.The second part, related to the Sino-US comparison copyright collective management organization system. By setting the Sino-US organization, the membership system, the relationship between organizers and users, monitoring system were compared four proposed US copyright collective management system enlightenment to our relevant system.The third part, the defect of copyright collective management organization system. Institutional development of collective management organizations is not perfect, there are many issues, including collective management organizations unbalanced development, and the relationship between the organization and the authorized person is not harmonious, fee collection standards in dispute, such as lack of supervision system. By analyzing and summarizing of copyright collective management organization problems provide a basis for improving the system of measures to mention.The fourth part, the fulfill details of the collective management of copyright in our country Our collective management organization for the existence of unbalanced development, the relationship between the organization and the authorized person is not harmonious, fee collection standards controversial issues such as the lack of supervision system, drawing the United States set up in the organization, the membership system, the relationship between the organizers and users, these four aspects of supervision system more comprehensive institutional system, proposed to build the internal form of collective management organizations, to establish the principle of voluntary, continuous focus licenses for exceptions license, the establishment of collective management of copyright dispute settlement body, the establishment of the arbitration proceedings, strengthen copyright collective internal and external supervision and management of the organization and other measures to try to improve the system of copyright collective management organizations to provide effective path proposal.