The Construction Of An Extended Collective Management System For The Right To Work In China

In our country,copyright collective management organizations which should be approved by national copyright administration are non-profit social groups.The copyright owner take part in the collective management organization in the form of the contract and authorize the organization to supervise and control their rights in a certain range.However,the modern information spread fast and widely.These characteristics vastly stimulate the creation and transmission of work.It costs a lot of realistic problems for copyright collective management organization.Taking the KTV for example,it is difficult for the KTV to ensure the mass application without infringe upon the legitimate rights of the copyright owner,especially in the face of foreign works and the authorization of orphan works.Negotiating authority respectively not only costs a lot of time and money but also difficult to achieve in the real operation.Extended collective management of copyright is the breakthrough of traditional mood.If a collective management organization can cover the field work that can meet the requirement of quantity,the significance is unusual for users.Now,copyright collective management organizations become an integral part of the copyright market,which not only bear the responsibility of promoting the development of market economy and coordinating social responsibility of different interest subjects,but also solve a lot of problem caused by authorization.But the system itself also has some disadvantages.Extended collective management of copyright system is an important part,many problems which include the balance of interest of copyright owner,the interests of the users and the collective management organization and the rights and obligations of members and non-members and so on need to be solved to make the healthy development of the social environment in our country.Nowadays,China has not yet established the collective management system of the extension of copyright,but it often requires a lot of work authorization in social practice,so the legal norm lags behind the social needs..On this basis,this article wants to the status quo of the domestic system be system overview,introduced related to the subject of the introduction of copyright extension of the collective management system of the various disputes and doubts.Finally,on the basis of the comparative analysis of the analysis construct the legal basis of the new system and rational and put forward the corresponding legislative proposals.The author believes that today in the rapid development of China's economy,the copyright market was becoming prosperous and works authorized the transfer of change frequently,the copyright extension of the collective management system is necessary and feasible to set up,users of works of the market needs of the voice is more and more big,the copyright collective management organization management capabilities of the urgent need to expand,to copyright law for the third time change as an opportunity to reason transplant system is the core of this paper.In the process of paper research,I would adopt literature analysis method,law analysis,comparative analysis,etc.Through gather books,journal articles,master thesis,and foreign data about this topic and summary and analysis this data and collect China's Copyright Law,the third draft amendment of Copyright Law and other legal documents of the relevant law,in order to summed up the situation of the collective management of copyright in our country and attitudes of different subjects;Through comparing with the operating situation and background of foreign related system,we should draw lessons from foreign experience in order to help on construction related legislation in our country.This topic is divided into the following five parts:the first part,discusses the general theory of copyright collective management organization and focus on introducing the extended collective management of copyright system.The second part,we choose different subjects which include the copyright owner,the user,and the others;focus on their different positions,debate and questioned about the new transplanted system.The third part,introduce the current situation of legislation of northern Europe and Russia and analyze the system running situation of different countries,by comparing and thinking in order to draw lessons from foreign system for our country.The fourth part,this paper discusses the legal basis and rational analysis of establishing extended collective management of copyright system.The fifth part,from the perspective of macro and micro,put forward the legislative suggestions about building the new system in China.It include restricted access qualification and the applicable scope,the rational allocation of rights and obligations,clear main body function,reasonable distribution of work fee,perfecting the supervision mechanism.