The Thoughts About Extended Collective Licensing System Introduction

Extended collective licensing system, originated in the Nordic countries, is resulted from improvements of traditional copyright collective management system and the new features of the copyright trading.The main feature of this system is that copyright collective management organization have right to manage the copyright whose is not the own-member of copyright collective management organization. The management rights have three types, such as authorizing to users, charging usage fee and distributing the fee. Due to the high effectiveness in authorizing numerous users to utilize copyrights, extended collective licensing system has been concerned by other countries and organization, such as European Union, Russia and so on. Legislators in China want also to set up this system to solve new problems in copyright trading which can't be finished off through traditional copyright collective management system. At final, extended collective licensing was stipulated in third revised draft of the "Copyright Law" in 2012, but this provision were called in question by copyright owners. In their opinion, extended collective licensing will lead collective management organization represent them to authorizing copyright without their permission, and there is not reasonable justification to set up the system.If one Law system is going to be introduced to another country, the system legitimacy of itself and the legitimacy to be introduced should be all accounted. The system legitimacy depends on what the theory it relying and what effect it work out. Meanwhile, the legitimacy to be introduced should be judged over necessity and feasibility of system introduction. In context, the developments of extended collective licensing system in some countries, the nomology theory and some civil law basic theory are used to prove the system legitimacy. And the legitimacy to be introduced is reasoned through Pareto economic theory and the practice of copyright collective management. Finally, at the basis of analyzing institutional and cultural environment in China, suggestions about how to set up suitable extended collective licensing system are picked up according to the third revised drafts of the Copyright Law.