The Research On Extended Collective Management Of Copyright For The Postgraduate Degree In Law

Copyright collective management systems have different specific provisions in different countries; there is no uniform system of regulations among these countries. For example, the policy of our country implemented is a collective management system of general licensing model, the policy of the Germany and other European countries implemented is a mandatory collective management system, and the policy of the Nordic countries implemented is the extended collective management system. Extended collective management system based on the rights of the righter authorized the management can manage the works of the members, and it also based on the law, the management can manage the works of the non-members. so the object of extended collective management involve the works of the members and the non-members, unless the non-members refuse the management of collective management organizations.In the essay, there is a study of the Nordic extended collective management systems of copyright. Respectively, the extended collective management system of Nordic countries and the system of the "Copyright Law (Draft)" in our country have different legal quality, at the same time I give qualitative Analysis about the system. Based on the analysis and combined with the theory of the balance of interests, I have my own opinion about the legal characterization of extended collective management of copyright; Finally, based on the analysis of the essay, I proposed the idea of the establishment of copyright extended collective management system in China.The first part is the general theory of the extended collective management of copyright. It introduces the basic summary and basic characteristics and the functional value of the extended collective management. It Points out that the ultimate goal of the extended collective management organization is to protect the legitimate interests of the authors and to make users use of the works more efficiently. At the same time, it wants to achieve the balance of interests about the users, rights holders and the public.The second part is the overview of the Nordic extended collective management system of copyrights. It introduces the establishment and development of the extended collective management system in the Nordic countries, the inseparable reason about the system works well is the Nordic countries’ political formation, the social environment and the special cultural background. The Nordic extended collective management system combine the autonomy of right people with the intervene of state power, that is the biggest advantage about the system can be able to play. However, it still has some shortcomings, such as "be represented" about private rights and so on. The third part is a legal qualitative about the extended collective management of copyright. According to the Nordic legislative provisions, the extended collective management organization means a limited measure to the rights of authors, but in our "Copyright Law (Draft)" it is characterized as the right way to exercise. I think that in order to protect the legitimate interests of copyright holders better, and to promote the balanced interests of copyright holders and the public interest society, the extended collective management system should be characterized as a limited measure to the right is more appropriate, it can reflect the legal value better.The fourth part is building the extended copyright collective management system in China. First, it introduces the prerequisites of building this system, including background analysis, necessity analysis and feasibility analysis. Secondly, it introduces the barriers of building this system in China, such as the authors do not trust the collective management organization, the awareness of self-government and other private rights are increasing. Finally, proposing the measures about building the extended collective management system. Reform the collective management organizations such as the establishment, operation and supervision. improving the extended collective management system in mechanism of the legislative system and supervision systemThe fifth part is the conclusion of this essay, and indicating the author’s point of view.