Research On Extended Collective Management Of Copyright

With the prosperity and development of the copyright industry,the protection of intellectual property rights is also constantly strengthened.The extended collective management system of copyright has gradually entered people's field of vision with its advantages of solving the legitimate use of massive works.Especially in the face of a large number of works of non-member rights holders,orphan works and foreign works licensing issues,the institutional advantages of high efficiency,low cost and protection of non-member rights holders are increasingly obvious.At present,the relevant copyright protection system in China is difficult to solve the problem of large-scale work licensing,and collective management organizations have strong administrative color,strong monopoly,low transparency of management activities and unreasonable distribution of remuneration.Therefore,in 2012,China adopted the copyright law of the people's Republic of China(Amendment)(hereinafter referred to as the copyright law(Amendment))to introduce the extended collective management system of copyright,but the system has been "difficult to produce" since it was revised in three drafts,mainly because of the representativeness of the main body of the system,the narrow application field of the system and the loopholes in the implementation process,which has been criticized.Through the research methods of literature analysis and empirical analysis,starting from the definition and basic content of the system,this paper elaborate s the main body,application fields and special provisions of the system,an alyzes its relationship with the existing collective management system,and emphasizes the value concept of the system.In view of the problems existing in the actual use of copyright works in China,the necessity of transplanting this system in China is demonstrated based on the existing legislative attempts and practical basis.Through comparative analysis of the implementation of the system in northern Europe,Russia and the United Kingdom,it can provide reference for China's transplantation of the system.In order to transplant the extended collective management system of copyright smoothly in our country,we need to make clear its subject qualification conditions and authority sources,its scope of application in terms of the types of works and rights,the extended management right of the collective management organization and the withdrawal right of non-members,and establish a perfect supervision and review mechanism,which is also the guarantee for the smooth operation of the system.