Analysis Of The Perfection Of Copyright Collective Management Organization System

It has been more than ten years since the establishment of China's copyright collective management organization system.However,in the course of more than a decade of development,there have been no small obstacles to its organizational model,membership licensing system,and protection of the rights and interests of non-members in the new situation.Judging from China's copyright collective management organization model,China adopts a traditional monopoly system design.However,with the development of the copyright market in recent years,the drawbacks brought about by the monopoly system are emerging one by one.Looking at the design of copyright collective management organizations in national laws,the competition model and the monopoly model are the main ones.In the future development,The debate over the management mode of China's copyright collective management organization that adopts a competition model or a monopoly model is also widely debated in the theoretical community.There is no conclusion yet.Secondly,in the licensing system,although China's existing "package license" authorization method has an important role in improving transaction efficiency and promoting the use of works,in the course of this year's development,with the internal governance of collective management organizations The development of external monopolies and the strengthening of external monopoly,and the practice of sticking to the "monopoly package" single authorization model has gradually been questioned.Lastly,regarding the protection of the rights of non-collective management organizations' right holders,China's Copyright Law(Revision Draft for Review)published in recent years has reflected the extensibility management system for the first time.However,for this system,There is still some degree of controversy in application.The full text first analyzes the current status of legislation in China.Through the relevant legislation,we can understand the legal provisions of China's current copyright collective management system and show what kind of system objectives,values and system characteristics.Secondly,three problems existed in the current operation of the collective management system of copyrights were sorted out,namely,monopolistic issues,the single license mode of "package license" and the protection and protection of rights and interests of non-members,and these issues were analyzed.In addition,the extraterritorial inspections of the copyright collective management system of other developed countries were found through inquiries.Finally,the conception of the perfection of China's future copyright collective management system.China's copyright management system is at a stage of continuous improvement.In view of the actual national conditions in China and the experience of extraterritorial practices,we should implement a collective management model of limited competition.We should open restrictions on individual licensing in the management of members and non-members,and gradually introduce the extended collective management system,and learn from other countries.The system foundation is perfected.