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The Exploration And Construction Of The Collective Management System Of The Extension Of Copyright

Posted on:2016-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:L JiangFull Text:PDF
GTID:2296330482481214Subject:Law
Abstract/Summary:PDF Full Text Request
The system of copyright collective management in state laws, there are different ways such as China’s implementation of the collective management mode is the general authorization system. In China by referring to the Nordic countries such as the extension of copyright collective management system to solve this problem. Nordic countries establish copyright extension of the collective management system, the system is very good to solve the above problem, whether it is for the copyright owner or the user can through the system to solve the difficulties of the work encountered in application. In the process of transplanting, attention should be paid to the various cultural backgrounds different, not only pay attention to the legal provisions of the literal, should in detail to concern behind the terms of the leading value and origin.The first part is the introduction, the second part starts from the concept of copyright collective management system, the extended collective management system features, the value function focuses on the extended collective management system, combined with the theory of meaning the prohibition of abuse to rights principle and the principle to balance of interests and the legal interpretation to all the system, the last mentioned in the draft amendments to the regulations and related attitudes in the current copyright law. The third part of the system of collective management of copyright extension of the actual shift from theory, solve in the public domain and the non membership for obstacles, and how to give full play to the system of the extension of social benefit maximization, at the same time, non infringement of private rights; the fourth part quoted the relevant foreign legislation, analysis of the same characteristics of legislation in our legislation and what is the constructive enlightenment; the fifth part of the extended collective management systems on the basis of the status and defects of the two aspects of analysis, put forward a sound proposal, on the one hand is in the macro construction of the extended collective management system, on the other hand, is the actual legal operation, corresponding suggestions measures to improve the program, legislation to protect the entity management system. The extended collective management mode is not the simple either this or that, more laws more complete development need to coordinate the interests of the parties in practice, create a free and full legal environment, suit one’s measures to local conditions, to find out the legal model for the flow conditions.
Keywords/Search Tags:Extended Collective Management, The theoretical basis of, The balance of interests
PDF Full Text Request
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