Comparative Legal Study On Chinese And American Collective Management Of Copyright

The collective management of copyright is a special protection system for copyrights,and its establishment is to more effectively manage copyright holders' rights and reduce copyright transaction costs.China and the United States face the challenge of monopolistic behavior and digital technology development in the collective management of copyright.The development of monopolistic behavior and digital technology raises many issues for China's collective management of copyright.The monopolistic behavior leads to the monotonous consequences of the monopoly of the collective management organization,the licensing model,and the dispute resolution method of the royalty..The development of digital technology has raised issues such as the re-emergence of individual authorizations,the lack of Extended Collective Licensing,and the incompleteness of the digital copyright management model.The collective management system of copyright in China should be improved in these problems.Relatively speaking,the collective management of copyright in the United States is already quite complete.In terms of anti-monopoly,collective management organizations adopt a variety of licensing modes through free negotiation and a model for the common development of licenses and individual licenses.They make full use of the internal and external dispute resolution mechanisms for the use of disputes to effectively resolve disputes.In terms of digital technology,the United States Collective Management Organization has established a comprehensive copyright digital management system to implement individual authorization and full-automatic authorization,laying the foundation for the legislation of extended collective management.By conducting a comparative study of the operating mechanisms of collective management between China and the United States,China should learn from the advanced experience of the United States,introduce a parallel authorization model of right holders,develop a variety of licensing models to coexist,clarify the provisions of the legislation of Extended Collective Licensing and improve dispute resolution mechanisms for the royalty.