Research On Extended Collective Management Of Copyright

The extended collective management system of copyright originated in Northern Europe and it was later introduced by the United Kingdom,Russia and other countries.In the context of the rapid development of copyright,China has continuously strengthened copyright protection.At the same time,the benefit entanglement between the emergence of a large number of works and market demand goes wider.The issues that were involved in the copyright collective management system in China have fallen into the relevant research perspectives.For example,collective management organizations are underrepresented and the scope of management cannot be extended to those right holder’s works that are not authorized.If it is not regulated,it will inevitably affect the healthy development of the Chinese cultural industry.During the third revision of the Copyright Law in 2012,the draft attempted to introduce an extended collective management system for copyright to deal with the authorization of massive both works and infringement disputes.This shows that legislators are constantly trying to introduce the system.However,the management system was not included in the new copyright law that was effected in 2021.The main reason is that a corresponding legal configuration with rough and general.Based on the ability of a system which could solve the problem of the use of non-member works,orphan works and foreign works,there are many discussions that support the introduction of this system in China.There has been certain legislations on this in foreign countries,and the beneficial experience involved can provide a reference for our country to construct this system.For example,collective management organizations must have a wide range of representation,and the intervention of public power organs is conducive to the good operation of the system.In constructing an extended collective management system in China,the following points should be considered:The scope of the extended collective management system should be defined clearly that it operates in a small area firstly,and gradually expands the scope of application;and that construct an authorization model led by right holders to grant rights,right holders have more voice and pay attention to the balance of the interests of all parties;pay attention to the protection of the rights and interests of non-member rights holders,improve the royalty distribution system and the declaration withdrawal mechanism,and give non-member rights holders the right to claim individual compensation;introduce competition appropriately to avoid monopoly,lay a foundation for the introduction of an extended collective management system;improve the supervision mechanism for collective management organizations,ensure open and transparent information,and establish the trust of right holders in collective management organizations.