Research And Exploration On The Collective Management System Of Copyright From The Perspective Of Works Users

Economic and legal development always like twin guide and accompany each other,the development of economic law are perfect and innovation and the legal guarantee of sound in prompting the development of the economy,especially in our country gradually into the world economic system,the trend in the world,under the guide of domestic awareness of the protection of the copyright system is also gradually improve.However,on the one hand,the number of copyright works is huge,and on the other hand,the number of copyright users is also very large,the right holder of the work is unable to establish contact with the actual or potential users of the work one by one,in this case,to deal with this kind of practical difficulties and create a system of collective management.China since modern times,due to the isolation,with less social interaction,even after the founding of new China,because of the domestic contradiction and the influence of the cultural revolution in the 70 s,China mainly focus on the processing of the internal social issues,both in the development of economy and the construction of legal system have been affected,was interrupted,so it is a system in the development of our domestic are limited by the real i stic political contradictions and considerations,not like other countries have a faster change.In 1991 on the implementation of the regulations on the implementation of the copyright law is the first involves the copyright collective management organization of the laws and regulations,the provisions relating to the management of the organization,goal,set up the way,operation fee,and some basic problems,such as for the development of this system in our country big box of a system,the regulation is the system to normal operation and development in our country the legal basi s.The words child and adult should be a very appropriate metaphor for the development of this system in our country compared with other countries.On the whole,the domestic copyright collective management system is similar to other emerging systems,mainly drawing lessons from the advanced system of foreign countries,and according to the domestic situation to adjust and develop.However,due to the complexity of the domestic situation and the congenital disadvantage of the late system development,the copyright collective management system is not smooth in the domestic development process,and it is difficult to adapt to the domestic development situation in a short time.Is most current for the research of this system,are all stand on the holder's perspective,the main purpose is to the interests of the obligee from multiple layers on the maintenance achieve higher fees and ignoring the products users in promoting the spread of the degree of contribution to expand work influence on,work is a symbiotic relationship,that between users and the holder of the users for the product in the final of the audience is the spread between promotion and the improvement of social value has an irreplaceable role.Other collective management is made up of three parties jointly a whole,the overall development is the need for internal elements of the joint efforts of each component and the balance between the sound development of this system,the need for the interests of three parties are considerate care and balanced,not only focus on the interests of one side or both sides even the users in the use of this a program that may be because there is no right holder' s permission infringes the rights of others,but not represents the interests of the infringer itself has no need to be protected.Especially in the current produced many for-profit right protection,a lot of the right holder is no longer holding the maintenance of their rights,but for-profit lawsuit large area,there are many more touch CiXing rights,in the face of huge amounts of works under the condition of the user who can identify,will inherit a lot of litigation facing a huge reparations.Reality of the dilemma,between the user and the holder of the offensive and defensive position shift,from a certain Angle,the original infringing party also gradually become a "victim",this paper will stand in the perspective of users,to make a study of the current collective management works based on the balance of the user,the copyright owner,to the interests between copyright collective management organization,hopes to be able to cause in the process of copyright collective management system for the protection of works related interests of users.