The Perfection Of The Collective Management Mode Of Copyright In China In The Digital Environment

Collective administration of copyright is negotiation to the potential user for the controlling of the work by authorization from the author, and the collective administration of copyright licenses to the user at proper conditions and price. Since the 1990, scholars never stopped the research in collective administration of copyright. Most distinguished is the debating about managing mode, some scholars support the 'free and competing'mode used by U.S. and Canada, or others support the 'monopolized' mode used by German and France. From the practice, under the digital background how the collective administration copyright protect the interests of authors more effectively so as not to suffer the damage from lots of private copy, which can revise the managing mode of collective administration copyright in China.This paper discussed the theoretical basis from both jurisprudence and law economics. It also analyzed the problems faced by managing mode under digital background. It chooses some countries such as Canada, U.S. Brazil, German and France to research policy, laws and cases, in order to choose right mode to support the revision of copyright law in China according to the practice.So the managing mode of collective administration of copyright in China should revise from following aspects:firstly, it should estimate the basic principles of collective administration of copyright in China so as to make direction for future; secondly, it should build the modest monopolized managing mode for collective administration of copyright under the pre-conditions for Chinese practice. Meanwhile, it shall have the outspread collective administration of copyright in order to the development of digital technology. Lastly, it shall use special outside supervisor for collective administration of copyright and enforce the inside administration in order to information vitrification, processing openly, standard normalization so as to exert the function of collective administration of copyright.