The Research Of Building The Extended Collective Licensing Regime In China

Under the background of the Internet,the types of copyright works present out quantitative and fragmented characteristics because of the randomness and contingency of works' creation.The convenience and anonymity of works'duplication and propagation have caused great difficulty on the copyright owners and users.The traditional copyright collective management system is difficult to cope with the demand for the authorization of a large number of works including "orphan works" under the new situation,which is in urgent need of reform and improvement.The extended collective licensing regime from the Nordic countries has received wide attention from all over the world,and many countries have tried and transplanted in different degrees.Practice proves that the extended collective licensing regime has a great effect on solving the mass work of authorization requirements under the background of Internet.China also attempted to implant the regime in the third revision of the copyright law which is rejected by amounts of the copyright owner in our country.This paper argues that the copyright owners have the character of "no consciousness,no legislative discourse,no rights ability" widespreadly,the problem of the traditional copyright collective management system is not only difficult to protect the interests of the copyright owner,also hard to satisfy the copyright of the user's demand who "willing to abide by the law,willing to work authorized by legal way,willing to bear the payment obligation".Therefore,implanting the extended collective has great necessity and significance in improving the efficiency of the copyright trade and protecting the interests of both sides.I analyzed the concept,origin and legal theory of the extended collective licensing regime in this paper through literature research,comparative research and value analysis method.And combining the research status at home and abroad,as well as our country's obstacles and disadvantages when implant that system,I proposed some suggestions which is stand in the aspect of law,organization and concrete implementation in order to implant that regime properly.As follows the structure of this paper:The first part are the research summary and the overview of Extended Collective Licensing Regime.The introduction mainly elaborates the research background significance,research summary and research method of this system.Extended Collective Licensing Regime overview are mainly discussing the concept of system,main content,development,legal basis,and the difference with traditional copyright collective management system.(Chapter 1-Chapter 2)The second part is the summary of practical experience of the Extended Collective Licensing Regime.Describing the development of Extended Collective Licensing Regime in five Nordic countries and Russia,and summing up the experience(Chapter 3)The third part analyzes the necessity of implanting Extended Collective Licensing Regime into China under the new situation of Internet.This part mainly discusses the requirements of copyright protection system,the cost of copyright transaction and the protection demand of "orphan works" under the new situation.(Chapter 4)The fourth part combines with China's national conditions to analyze the obstacles and disadvantages of building Extended Collective Licensing Regime.The obstacles mainly include the inadequacy of legal basis,the immaturity of the existing collective management system of copyright and the opposition of copyright.The disadvantages mainly include the increasing monopoly of the existing collective management organizations and over-protection of the poor dissemination of knowledge.(Chapter 5)Combined with the above studies,in view of the obstacles and disadvantages of building Extended Collective Licensing Regime,the fourth part puts forward some specific suggestions.(Chapter 6)...