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Research On The Collective Management System Of Copyright In Cara OK In China-Taking Jiangxi As An Example

Posted on:2017-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:X X NieFull Text:PDF
GTID:2346330536966705Subject:Law
Abstract/Summary:PDF Full Text Request
Copyright, it is a kind of civil right, so in essence it is a kind of private right, so the right people to exercise their rights in general does not appear the state public power intervention. However, with the progress of science and technology development and increasingly advanced means of communication, as a kind of exclusive rights of copyright has not always been copyright people full control and rights of people only by their own personal exercise of copyright in many cases is very difficult, or even impossible. In order not to let the legitimate interests of the copyright owners suffer damage because of the progress of the technology, in order to interests in the environment of innovation constantly change between creators and users of balance work, she gave birth to a new specially for copyright management:the collective management.Copyright is a kind of extremely special rights: first of all, coverage of human rights and rights has extensive, involving the society; secondly, literature, artistic and scientific works using way is multifarious, such as performing rights, broadcasting rights and so on , rights generally difficult for them to exercise; third, even if human rights can themselves to exercise and maintain their own rights, but often the exercise of power and rights maintenance cost is too high, that compared to "give up","protection" instead of a "a worthwhile deal". To this end, many countries have adopted a collective management approach to the protection of the legitimate rights and interests of the people, that is, the right to collective management organizations authorized by the collective management organization on behalf of the right people to focus on the exercise of the right. For the license, the management organization will issue a license, and the infringement of the legal proceedings. Then collective management organizations will be charged according to the work of the use of the agreement assigned to the right person, which is the copyright collective management.Collective management system is an important system that can be effectively implemented "copyright law", and as of now, most countries and regions have set up institutions on the collective management of copyright. In which the system to establish a more perfect country to belong to European countries, the United States and Japan. In general, at present there are two kinds of copyright collective management organization, a kind of is management music mechanical performance right, broadcasting rights, public performance right collective management organizations and the other class is a multimedia production right, public lending right,network transmission right and text copy right collective management organizations.The scope of application of collective management is from the beginning of the first music and literature to photography, art, film, multimedia and network, and other emerging fields. Collective management not only to achieve and maintain the legitimate rights and interests of the copyright owners, but also for the work of the license to use people to provide more and more convenient use of channels and more effective use of the method. In addition, collective management has also contributed to the rapid spread of the works and culture. In China about music, audio and video works copyright collective management began in the early 90s of the 20th century,after 20 years of development, at present the system in our country has been basically established and will continue to improve, to the interests of the protection of the copyright owner to extremely important role.In 2008, the predecessor of the China audio and Video Association of China audio and video copyright collective management association has finally officially established, and thus our country Cara OK copyright licensing of the burden of the use of the burden will be carried out by the collective management. China audio and video copyright collective management association of Cara OK copyright operation of the smooth development of the work, marking the Chinese copyright collective management system into a new starting point. However, China’s copyright collective management system after all, a late start, in the operation of copyright collective management organization due to lack of experience resulting in sound set association in the operation of the process still exist many problems: charging standards, licensing fees for the assignment problem, forensic methods to ask questions and controversy problem solving, distribution is unknown, and the right to collective management.The course of development, through access to domestic and foreign Cara OK copyright collective management system in-depth understanding of the development status of domestic and foreign copyright collective management system, operation mode with Chinese audio video copyright collective management association in Jiangxi area and the prominent problems, lack of Cara mapping in the national scope of copyright collective management OK right to exist. In order to put forward some suggestions to improve China’s poor Cara OK copyright collective management system: charges to make science fees, perfect supporting services, change the commercial rights authorized mode; puts forward the construction of mediation mechanism, industry develop a reasonable amount of statutory damages; distribution should strengthen supervision and transparent operation, improve work efficiency,improve the distribution system; finally, to implement the party spirit of the meeting in the fifth Plenary Session of the 18th CPC Central Committee, continue to strengthen the rule of law publicity Promote universal copyright culture and spirit,promote the rule of law, and create a strong atmosphere of the whole society to respect the rights of the whole society.The author through the proposed several suggestions, hope can promote the further development of the copyright management organization, for copyright owners to provide effective management of their own rights, but also for the dissemination of music, audio and video works opened up a broad road, and maintenance of audio and video, as well as the balancing of interest pattern, and ultimately promote the karaoke industry and audio-visual industry, audio-visual market vigorous and orderly development.
Keywords/Search Tags:Copyright, Collective Management, Musical work
PDF Full Text Request
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