Research On The Extended Collective Management System Of Online Music Copyright

The third draft revision of Chinese copyright law proposes to introduce the extended collective copyright management system from the Nordic countries into China,which has triggered a huge backlash from the copyright owners of music works.In order to meet the needs of healthy development of music industry in the digital era and reduce the transaction cost of music works,there is already an authorization mode similar to extended collective management in practice,but it lacks legal support.The introduction of this system in the revised draft can solve these difficulties.First of all,the reason why extended collective management can be given priority in the field of network music lies in the wide representation of Chinese music copyright association,which is also the premise and basis for Nordic countries to design extended collective management.In spite of this,there are still some problems that need to be solved,such as the low information transparency of collective management organization and the monopoly of management.Secondly,based on the legal attribute of extended collective management as the limitation of rights,the provisions on the limitation of rights in international conventions should be observed in the legislative design.The scope of rights applicable to extended collective management must be limited to "special circumstances".Therefore,the application of this system in the field of network music is of course limited to some rights of network music works.At the same time,the protection of non-member right holders should also be focused on,non-member withdrawal right,compensation claim right and the implementation of extended collective management procedures,legislation should be clearly defined.In conclusion,this paper proposes to establish the extended collective copyright management system of music on Chinese legal network.By perfecting the copyright collective management organization,defining the legal attribute of extended collective management,limiting its scope of application and protecting the rights and interests of non-member copyright owners,this system can be concretely constructed and implemented in China.