Research On The Main Legal Problems Of Collective Management Of Copyright In China

The collective management of copyright originated in Europe.It refers to copyright holders or other right holders who authorize the collective management organization to allow them to manage some of their own rights.Its emergence is the inevitable result of the rapid development of modern information network communication technology.It acts as a bridge and link between rights holders and users.Its development and improvement not only helps to safeguard the harmonious relationship between the two parties and even all citizens of modern society.It also shows that the level of intellectual property rights in a country has increased.However,due to the fact that China has introduced this system for a short period of time,the existing legislation has made only a set of principles for many of its important issues,and it has not yet been stipulated.In addition,in the actual operation of the system,there are still many imperfections in the supporting facilities related to this,and the management level of the staff is still very limited,which makes the development of copyright collective management in our country seriously blocked.This article is mainly based on actual cases.Apart from the introduction and the conclusion,it is divided into three parts.The first part focuses on the analysis of the major legal disputes related to copyright collective management cases in China's judicial practice,namely the disputes over the licensing fees of collective management organizations,the infringement disputes that may occur at various stages of the organization's entire business activities,and the compensation for infringement damages.dispute.The second part seeks to find out the causes of the disputes between the parties through the respective claims of the copyright owners and users in the litigation and the different attitudes of the court.The main reasons are the flaws in the formulation,review and implementation of the licensing fees standard,and the collective organization.There is a conflict between the imperfection of its own work information data management system and the defects of the current licensing model,the conflicting principles of determining the amount of compensation for infringement damage,and the inconclusive determination of various specific influencing factors.The third part is mainly aimed at the above reasons,trying to put forward suggestions for improving thesystem,which mainly include: reforming the existing unreasonable licensing fee collection standard system of the system,improving the collective information management system for works,and using reverse authorization.The licensing model and clear draft of the draft for the extension of the management of the scope of authority and power limits,and further clarify the impact of infringement damages the amount of various influencing factors,in order to enhance the statutory compensation standards of operability.