Study On The Extended Collective Management System Of Copyright

Under the extended copyright collective management system,the agreement created by the copyright collective management organization has the effect of retroactivity to non-organization members.It is this simultaneous interpreting that distinguishes them from traditional collective management.This system was born in Nordic countries at the beginning to solve the widespread problem of broadcasting rights.Today's extended copyright collective management system absorbs some features of traditional collective management and compulsory licensing.The extended copyright collective management system has been proved to have great advantages in the use of orphan works and the dissemination of digital collections of cultural institutions in Europe.It can save transaction costs and make users and copyright owners benefit at the same time,which makes all countries put the transplanted extended copyright collective management into the legislative agenda.China's copyright law(Revised Draft)has also considered the possibility of transplanting the system and consulted the public.Under the premise of protecting the rights of copyright owners,the draft plans to design a collective management system of copyright,which is mainly based on the membership system and supplemented by the non-membership system.This system protects the rights of the majority of copyright owners who have the largest number but lack the awareness of safeguarding rights.At the same time,it also protects the rights of copyright owners who want to obtain the authorization of works through legal channels and pay reasonable remuneration,but it is not widely distributed,a large number of users who are authorized to use massive works.This paper holds that it is reasonable and inevitable for the management of works to develop from traditional collective management to extended collective management.At the same time,in the process of transplanting the system,we should pay attention to the construction of specific content combined with the current situation of China's development.The introduction part discusses the research background and significance of this topic and expounds the research purpose and research methods of this paper.The first part introduces the connotation,necessity and function of the extended copyright collective management system.On this basis,it analyzes the construction of the extended collective management mechanism in the Nordic countries,mainly including the requirements for the establishment of the collective management organization,the use mode and scope of works,the distribution and withdrawal rights of royalties,and the provisions of dispute resolution mechanism.The second part discusses the collective management system of extended copyright under the framework of international law.This section first analyzes some principles established by the Berne Convention,the world copyright convention and the agreement on trade related aspects of intellectual property rights,which provide guidance for copyright legislation in various countries,and analyzes the arguments of those who challenge the system,so as to further clarify that the extended collective management system does not violate the Berne treaty,the world copyright convention and the conclusion of a series of rules established by the agreement on trade related aspects of intellectual property rights.The third part compares the extended copyright collective management system with the two copyright restriction systems of fair use and statutory(Compulsory)license,and finds out the commonness and difference between the extended copyright collective management system and the two copyright restriction systems of fair use and statutory(Compulsory)license.In the collective management system of copyright,non-membership copyright owners have the right of withdrawal,and the latter two systems have no corresponding provisions.Nordic countries expand the autonomy space of copyright owners by giving more functions to copyright collective management organizations.The latter two systems do not need the collective management organization of copyright as the participants.It is concluded that the extended copyright collective management system has been paid more and more attention by the non-Nordic countries by virtue of its advantages in dealing with massive licensing and orphan works.The fourth part discusses the current situation of the development of the collective management system of copyright in China and analyzes the localization of the system in the process of transplanting the extended collective management system of copyright.