Research On Judicial Issues Of Collective Administration Of Copyright In China

Collective management of copyright is an important system in China’s copyright law.It means that a unified organization,representing a certain type or several types of many copyright owners,exercises the rights of copyright owners to the users of works in the name of the organization itself.The purpose of the system is to efficiently manage the works of the right holder and save transaction costs.The existing judicial judgment of our country is of great significance to the collective management of copyright,which plays a normative role and leads the collective management of copyright to return to its original purpose.However,the current situation of legislation in China and the status quo of the practice,the copyright collective management system of our country starts relatively late,the localization process is slow,and the actual situation of our country,the separation therefore in the process of its judicial practice there are many issues,such as illegal collective management decision disputes,tort liability to pay compensation decision disputes,extensibility collective administration of copyright dispute shall apply.The reasons for the above problems lie in the inconsistency of judicial understanding of collective management of copyright,the difficulty of applying the standard of compensation for damages and the imperfect mechanism of collective management of copyright.Therefore,this paper argues that the first thing is to unify the understanding of the legal attribute of copyright collective management behavior,accurately define the constitutive elements of collective management,and distinguish copyright collective management behavior from copyright agency behavior.Secondly,it is necessary to enhance the maneuverability of tort compensation standard,which is embodied in sticking to the license fee as the tort compensation standard and innovating the idea of tort compensation.We should also improve the collective management of copyright and its supporting systems,set up a model of limited competition and relative concentration,introduce extended collective management with restrictions,and improve the standards of copyright licensing fees.