The Construction Of Extended Collective Management Of Copyright System In China

China amended "Copyright Law" in 2012 for the third time. The idea of transplanting extended collective management of copyright system had aroused widespread concern and controversy. The extended collective management of copyright, also known as extended collective permission of copyright, based on the traditional permission, the copyright collective management organizations and users reach an agreement that users can also get licenses of non-members works. It can improve the approval efficiency, reduce transaction costs and protect the economic benefits of the non-members. Through the analysis, we can come to the conclusion that the introduction of the system in China do more good than harm, although collective management organizations are under-represented in China, too much administrative intervention and it may accelerate monopolization of implement extended collective management of copyright system.First chapter in this paper, from the concept and origin, explains the basic issues of copyright’s extended collective management system, including its institutional features, the legal attribute and power source, etc. The second chapter discusses the extraterritorial practice of copyright extended collective management system with the perspective of comparative law. The Nordic countries’ extended collective management has its unique humanistic tradition, such as highly homogenized society, collectivism tradition, high credibility of the government, the collective management organization developed, etc. The main features are extensively representative, active involvement of government, guarantee rights of non-members, etc. In specific provisions, there is not too much essential difference among the countries. In the 21 st century, extended collective management of copyright is concerned by many countries with the ability to solve the copyright licensing dilemma in the Context of the digital technology and the Internet. In such background, China also thinks about the introduction of extended collective management system. The third chapter analyzes pros and cons of the introduction of copyright extended collective management. Objections mainly include the opposition against private law autonomy, aggravation of the existing monopoly and no corresponding foundation in China. But by exploring its theory and analyzing the economic value and the balanced value of law, we can draw the conclusion that China should use the extended collective copyright management system for reference. The fourth chapter discusses the construction suggestions of extended collective management of copyright system, including clear the main qualification of collective management; enlarge the management scope of works; reduce administrative intervention of collective management organizations; improve the science of transferring use fee, etc.