The Predicament And Outlet Of Copyright Protection In China

At present,the main dilemma of copyright protection in China lies in the excessive strengthening of administrative intervention.This kind of excessive intervention is mainly reflected in two aspects,one is that the administrative organs interfere excessively with copyright licensing transactions through the collective management system.First of all,our country implements the extended collective management system,and the copyright collective management organization manages the copyright owner's works without the prior authorization of the right holder.The second is to implement the monopoly collective management system.The five copyright collective management organizations in our country are the only collective management organizations in their respective fields of work,and no market subject may engage in the collective management activities of copyright.Finally,the exclusive authorization system of collective management.In the system of exclusive authorization,the copyright owner can only entrust the work to the collective management organization in the form of exclusive authorization,and after the work is handed over to the collective management organization,the copyright owner can no longer use the work himself,nor can he authorize others to use the work.The second aspect of excessive administrative intervention lies in the excessive involvement of administrative organs in copyright infringement disputes.First of all,the copyright administrative department of our country has the right to investigate and deal with copyright infringement,such intervention does not take infringement to harm the public interest as the premise.The copyright infringement dispute is essentially a civil infringement dispute,but in practice,the administrative department has the right to impose administrative coercive measures such as seizure and seizure on the infringer,and impose administrative punishment.The second is to restrict the copyright owner's own rights,which requires the copyright owner to claim compensation to the infringer only according to the fee standard published by the administrative organ.The above two aspects of administrative intervention exceeded the reasonable limit,aroused the strong opposition of copyright market subjects,copyright owners even collectively protest and resist the implementation of the relevant system.A huge social controversy has prevented the completion of revision process of Copyright Law,which was launched in 2011.In response to social disputes,the administrative organ that presided over the revision of the law clearly pointed out the reasons forstrengthening administrative intervention in the field of copyright,that is,the copyright owner itself is difficult to control and exercise the right.In practice,the excessive administrative intervention of copyright protection has a great negative impact,and there are serious drawbacks.First of all,the administrative organs and their designated five copyright collective management organizations have not been able to properly fulfill the copyright protection duties entrusted by the law.The strengthening of administrative intervention also means the heavy management tasks.In fact,it is difficult for the administrative organs and the five monopoly collective management organizations to undertake the management and rights protection tasks of the massive works in the whole country.Secondly,the strengthening of administrative intervention leads to the centralization and expansion of power,which breeds a large number of abuse of power and benefit transmission behavior.Finally,excessive administrative interference affects the market price of copyright...