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Research On China’s Copyright Collective Management System In The Digital Age

Posted on:2020-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q H QiuFull Text:PDF
GTID:2416330596973839Subject:legal
Abstract/Summary:PDF Full Text Request
The development of large-scale communication technology in the digital age is huge,and the copyright collective management system faces many challenges.There are many defects and problems in both theory and practice.This article will be divided into five parts: The first part is mainly to introduce the basic situation of copyright collective management,pointing out that from the analog era to the digital age,new needs need to establish a new copyright collective licensing mechanism to deal with,this is a background introduction to the development of the copyright collective management system.Then it briefly introduces the meaning,characteristics,functions and a collective management mode of copyright collective management.With the increasing influence of digitalization,digital management of copyright is an inevitable development trend.The second part describes the challenges and opportunities faced by the copyright collective management system.The loss of control over the right to disseminate information networks has increased the instability of the copyright market.The “de-ownership”and “de-intermediation” have raised challenges to the existing collective licensing mechanism.However,due to the centralized authorization and unified charging of the system itself,copyright collective management organizations can use digital technology to improve operational efficiency,resolve the fragmentation of rights and make great achievements in special fields such as the protection of orphan works and folklore works,and it is digital.An effective system for large-scale management of works in the era.The third part is a brief introduction to China’s legislative framework for collective management.The legislative provisions are not comprehensive,and then the problems of the imbalance of interests among the subjects are listed separately.The fourth part,then examines and studies the prominent and bright parts of the foreign copyright collective management system,and draws from the need to learn the copyright collective management system in China.In the fifth part,first of all,the imbalance of interests of all parties is the root cause of the failure of China’s copyright collective management system.It is necessary to adhere to the principle of balance of interests.Secondly,it is pointed out that it is mainly based on moderate monopoly,and the limited competition is the best collectivemanagement mode in China,which is in line with China’s national conditions.Once again,the collective management organization should use the digital management system to create a one-stop authorization platform,supplemented by various subsystems to solve the problems of large-scale works authorization and management.Finally,we optimize the internal governance environment of the collective management organization from the management object,pricing mechanism,dispute resolution mechanism and supervision mechanism.These are all responses to the challenges of the collective management system in the digital age,and provide suggestions for solving existing problems.
Keywords/Search Tags:Digital age, Copyright, Collective Management Organization, Extended Collective Management, Collective License
PDF Full Text Request
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