The Comparative Study On Music Copyright CMS Of China And Japan

The collective managing system of music copyrights can protect the basic rights of music copyright owners;guarantee the legal and reasonable usage of music users and balance interests between copyright owners and music users.It plays a vital role in promoting Chinese cultural industries.However,there are still a lot of problems lying in the practical application of the collective managing system,which arouses frequent public criticism.The first part of this paper started with controversies triggered by 2012 Copyright Law(modified draft)and introduced the most controversial system-----extensibility management system.It manifested the root cause for some doubts to this system was from the dissatisfaction and distrust with Chinese operation in the collective managing system of music copyrights.The existence necessity of the system was stressed in this part.And the fundamental reason for poor operations and undesirable results lied in the considerable space for the improvement of present Chinese collective managing system.The second part primarily introduced the origin and development about Japanese collective managing system of music copyrights.Then,it emphatically stated the operation condition of JASRAC.Due to the predominant status of JASRAC in the organization of Japanese collective managing system,this part made a detailed introduction about the nature of JASRAC,membership system,formulation of charging standard,collection and distribution,supervisory system and development of digitization.The third part made a comparison and analysis between the collective managing system of music copyrights in China and Japan.It is a contribution to perfect Chinese collective managing systems by comparing the management mode of JASRAC,the membership system,license fees standard system,collection and distribution and supervisory system.The fourth part,with an initial study for perfecting Chinese collective managing system of music copyrights,deemed that China shall adopt the “limited competition"as for its management mode;establish an equal-consultation,fair and transparentmechanism as for its regulation of license fees,collection and distribution;set up a moderate extensibility managing model as for transferring the management problems and build an effective internal-external supervisory mechanism.