The Research On Extended Collective Management Of Copyright

With the development of information technology, the traditional copyright authorization system cannot meet the needs of everyone. In order to get out of this dilemma, on the basis of the traditional voluntary collective management system, the Nordic countries creative the extended collective management of copyright by distributing the management right to the non-member rights holder. And then, these decentralized rights are centrally managed and authorized to reduce the transaction cost and improve the efficiency of the transaction. In March 2012, Our country promulgated the "Copyright Law(Revised Draft)"(hereinafter referred to as "revised draft"), the introduction of copyright collective management system, has aroused widespread controversy in the academic and practical circles. Copyright collective management system has only developed for more than twenty years in China, during this period, our country has set up 5 copyright collective management organizations. Few people understand the collective management system of copyright, especially the extended collective management of copyright. In essence, extended collective management of copyright restricts the rights of non-member rights holder, somewhat similar to a statutory license system, which is a system of rights restrictions. According to the provisions of the law, rather than the rights of people, Collective management organizations can manage thenon-member rights holders, to Ease the current massive licensing difficult situation.. Among them, the non member right holder is the person who did not join the collective management organization, including the person who own the rights of the orphan works and the foreign nationality, the person without nationality. Of course, the scope of application of the extended collective management is limited, it should comply with the provisions of the state Treaty on the "three step test". At the same time, the collective management organization should guarantee that the non-member rights holder and the members enjoy the same status, although the non-member rights holder does not make a deal with the collective management organization.For our country, the copyright collective management system has developed for more than twenty years, and the collective management organizations do not do well in the openness and transparency of the procedure. Therefore, our country should learn from other countries the successful historical experience, and gradually build the system of the extended collective management of copyright, so as to pursue the balance between the copyright owner and the public interest.This paper is divided into four parts, the first part introduces the concept, nature and main contents of the extended collective management system. In nature, The extended collective management of copyright is a kind of restriction to the copyright. Secondly, it introduces the extended collective management of copyright from the perspective of the qualification, scope of application and special provisions and other dimensions.The second part is to discuss the legitimacy of the extended collective management of copyright. From the external reality, information technology has intensified the current plight of the centralized licensing permission, which leads to many of the orphan works can not be effectively used. The extended collective management of copyright helps to solve these problems. From the theoretical basis, the economic efficiency theory explains the origin of the extended collective management system to a large extent.The third part is the foreign extended collective management of copyright. It mainly introduces the establishment and development of the extended collective management in the countries of northern Europe and Russia, as well as the reasons why the United States has not adopted the system. According to the comparative studies, these countries give full consideration to the actual condition, and design the elaborate system to protect the legitimate rights and interests of the holder of the non-members, which has won the acceptance of the holder.The fourth part is building the extended collective management system in chain. Firstly,it introduces the content and shortcoming of revised draft. Secondly, from the perspective of our national conditions, it put forward some advice on the introduction of the extended collective management system, including the main body qualification, the scope of application, and the protection of the rights of non-members.