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Research On Collective Copyright Management Of Music Works Under Network Environment

Posted on:2020-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:W Z GaoFull Text:PDF
GTID:2416330590980570Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In this paper,problems existing in the collective management of copyright in music works under the network environment are comprehensively analyzed through the method of illustration,citation,comparative analysis and system analysis.From the overall perspective,problems existing in the collective management of copyright in music works under the network environment are studied.Specific results are as follows:First is the overview.This paper introduces the copyright collective management organization of music works,and introduces the legal status,license fee collection and transfer,and copyright protection functions of the two major copyright collective management organizations of music works.An important responsibility of music copyright collective management organization is interest equity,which is the bridge between the right holder and the user.The convenience of the network environment also leads to more convenient infringement of music works,but the legal provisions are relatively backward,so the role of collective management highlights.The second is the problem.From the overall point of view,the status of collective management organizations,royalty collection and transfer,supervision and extension of copyright issues.This paper USES the citation method to comprehensively analyze the views of the academic circle on this issue,and concludes that the collective management organization is short of restrictions,there are problems in the way of receiving and transferring license fees,the internal and external supervision is not in place,and there is great resistance to the introduction of extended copyright collective management.It is the introduction of foreign experience again.Aiming at the problem of collective management of copyright in music works,this paper introduces the competition mode of collective management organization in the United States,the experience of collecting and transferring license fee in Japan,thetechnology introduction of royalty distribution in the United States,the three supervision modes in Japan and the extended collective management of copyright in Denmark.Foreign experience is not necessarily suitable for China,so comparative analysis is adopted here to analyze foreign experience and select the part that can be absorbed.Finally,a solution is proposed.This part responds to the problems mentioned above.In view of the lack of restrictions on copyright collective management organizations in China,it is suggested to introduce limited competition,establish collective management organizations independently and adjust them by the anti-monopoly law.In view of the problem of royalty collection and transfer,it is suggested to draw lessons from the experience of the United States and Japan,formulate more scientific standards by industry organizations,and introduce new Internet technologies.In view of the supervision problem,mainly from two aspects,referring to the "company law",the internal establishment of the board of supervisors;Open up public comment areas on the outside,and let the administrative organs implement audit supervision.In view of the establishment of extended copyright collective management system,we should pay attention to the protection of non-member right holders,reduce the introduction of difficult,but also can promote the appropriate development of extended copyright collective management.
Keywords/Search Tags:Network environment, Music works, Collective management of copyright
PDF Full Text Request
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