A Study On The Legal System Perfection Of Copyright Collective Management Orgaization

The copyright collective management system is very important for the modern copyright law system. Under the respect of copyright, it raises the efficiency of the copyright's exercise greatly. It reduces the economic cost while using the works and copyright, and also maximizes the benefits of all parties. It promotes the works'effective dissemination and use, and plays an active role on the development of a country's culture.The copyright collective management in our country is a newly emerging thing and the organization construction has started late. After the implementation of"Copyright Law"in 1991, the first copyright collective management organization-China Music Copyright Association had been established since 1992. The revised"Copyright Law"in 2001 established the principle of copyright collective management. On December 28, 2004, the State Council issued the"Collective Management Rule of the Copyright"which would come into effect Since March 1, 2005, and by this established copyright collective management system in China. At present, our country is being in a critical period to regulate collective management organizations and perfect the collective management system."Collective Management Rule of the Copyright"has much insufficiency, it needs to be further improved. How to learn from the successful experience abroad and improve our copyright collective management organization system are the main content of this article to discuss.This article made the system mechanism of copyright collective management organization as a starting point to research the production, the characteristics, the situation of development and the legal problems in the operation of copyright collective management organization. It analyzed various types of legal relationships in the operation of copyright collective management organization, the settlement pattern of copyright royalty standard, and the monopoly and negative behaviors of copyright collective management organizations, in order to find problems that exist in our copyright collective management organization system. By borrowing the experience and standards of other countries whose copyright collective management organization system are relatively mature, and combining with our already established copyright collective management organization, the article analyzed the problems on our copyright collective management organization system and made legal advice to perfect our copyright collective management organization system. Government departments should vigorously advance the preparation and approval for the relevant copyright collective management organization and promote the establishment of various types of collective management organizations to meet the needs of social development. We should establish a perfect settlement pattern of copyright royalty standard to promote the copyright collective management's normal operation. Government should stand in a neutral position and act the role as supervisor and judge, in order to maintain the balance between the copyright holder's interests and social benefit. We should consummate the relevant legislation of the copyright collective management organization system and safeguard the effective implementation of the copyright collective management system.