The Research On Extended Collective License Of Copyright

The Extended Collective License of copyright(ECL), first implemented by the Nordic countries, is a special system of copyright collective management, of which the core is that based on laws some collective management organizations (CMOs) in specific areas have right to manage the works of its non-member right-owners without their authorization, unless the right-owners refuse the management.This paper analyzes the Extended Collective license by comparing between the results of domestic an overseas research, demonstrates the economic value and the balance of interests, and discusses the necessity and feasibility. The author also puts up with her own opinion on the key aspects for China to adopt Extended Collective License.The paper consists of six parts:Part Ⅰ is the Introduction. It introduces the research background and meaning, current domestic and abroad results, and the research content and methods.Part Ⅱ is the general theory of Extended Collective License. It discusses the concept of traditional collective management, the concept and characteristics of ECL, some issues about collective management organizations, and the influence of CMOs on the ECL.Part III is Extended Collective License Analysis. It analyzes the ECL’s advantages and disadvantages from two aspects:economics and balance of interests. The ECL has its value on the management of massive works under network environment, orphan works and foreign works, but it as well challenges the theory that copyright is essentially a private right.Part IV is the Comparative Analysis of foreign Extended Collective License. It mainly introduces the legal provisions in Denmark and Russia, and the inspirations to China.Part V is the Building of Extended Collective License in China. It analyzes the necessity and feasibility and puts forward suggestions about Extended Collective License in China, including the legal quality, right content and management range, supervision and the protection of non-member right-owners.Part VI is the Conclusion.