The Comparative Study On Copyright Collective Management Systems Of China And European Union

Technological innovation makes copyright protection even more important.It is undeniable that,as a collective management system of copyright,which is designed to reduce the high transaction cost,It has a huge and unique function in demonstrating the collective power of copyright protection and promoting the orderly operation of copyright market.Unfortunately,it was not until the revision of the new copyright Law in 2001 that China confirmed the enactment of the copyright Law,and the collective management system of copyright started late and developed slowly,and in addition,Changes in social environment and technical conditions lead to the digitization of the presentation of the works,the diversification of the modes of transmission,and the higher efficiency in transmission,these changes put forward a higher level of the copyright collective management system,but also lead to the limitations of China's copyright collective management system has been highlighted.In contrast,the collective management system of copyright,which was born in the European Union,has been developed and operated for more than a hundred years.Rich theoretical and practical experience has led the European Union to establish an effective institutional framework in such areas as the individual replication,the renewal rights,and the extended collective administration,so as to construct collective permission from the point of view of truly realizing the value of works.Based on this,this paper makes a systematic comparative study on the collective management of copyright in China and European Union,and studies the commonness and difference of admission mechanism,operation mechanism and supervision mechanism between the two sides in order to improve the path selection of our country's collective management system.Specifically,this paper which covers the introduction is divided into six chapters,the main structural framework is as follows:The first chapter is the introduction.This part discusses the research background and significance of the comparative study on the collective management system of copyright in China and Europe Union,and combs the research results made by the domestic and foreign academic circles in related aspects,and then leads to the main research contents and research methods of this paper.Finally,it points out the innovation of the article.The second chapter discusses the concept,general situation and legislative status of the collective management system of copyright in China and Europe Union.This part is the theoretical basis of the article.It not only expounds the legislative origin of the collective management of copyright in China and the operation status of thecollective management organization,but also examines the legal system,legislative background and development history of the collective management of copyright in the European Union from the angle of system.The third chapter compares the admission mechanism of collective management of copyright in China and Europe Union.This part mainly compares the differences between China and Europe Union in three aspects:the admission mechanism of collective management organizations,the admission and withdrawal mechanism of member rights holders,and the admission and withdrawal mechanism of non-member rights holders,so as to analyze the deficiencies in the admission mechanism of collective management mechanism of copyright in China.The fourth chapter is the comparison of the operation mechanism of collective management of copyright in China and Europe Union.This part mainly compares the differences between China and Europe Union in three aspects:copyright authorization and licensing,collection and distribution of royalties,and the dispute settlement mechanism.Furthermore,there are some deficiencies in the operation mechanism of collective management of copyright,such as unclear royalty,lack of dispute resolution mechanism and so on.The fifth chapter is the comparison of the supervision mechanism of collective management of copyright between China and Europe Union.By comparing the internal supervision mechanism and the external supervision mechanism,this part analyzes the shortcomings of the supervision mechanism of collective management of copyright in China.The sixth chapter introduces the measures to improve the collective management system of copyright in China.This part is the conclusion on the basis of the above-mentioned research contents.In view of the shortcomings in the admission,operation and supervision mechanism of the collective management of copyright in our country,This part puts forward the measures in order to improve the deficiency of the collective management system of copyright in China from the angle of system,economy and technology.