The Transplantion And Location Of The Extended Collective License System

The extended collective license system stipulated in the 1960s "copyright law" in the Nordic countries,which is mainly used in the broadcast of music works at the earliest,and then gradually include other types of copyrighted works.Specifically,the extended collective license system is that the organization which can represent the the members’ interests in the particular field sign the licensing contract with the users,and the contracts can also apply to the non-members.So the users have the right to use the contract content covered all of the same type of work and non-members right holder shall have the right to equal to the holder.In recent years,with the development of digital technology,countries in the world in order to solve copyright problems of work using,having been actively exploring to transplant the extended collective license system.As an emerging economy,in order to improve the level of copyright protection,we should actively explore the suitable environment in our current legal cultural environment.For our copyright law should introduce the system,the scholars hold different views up to now.The introduction of the extended collective license system fits the spirit of modern copyright law of balancing of interests,it also can solve the problem of the mass use of the work and the orphan work use.On that basis,the third revision to the copyright law plans to transplant the extended collective license system,nevertheless the draft amendment caused strong reaction and even the musicians’ crusade,and the right pointed that in the case of the traditional collective management organizations have many problems in running,introducing the system will deprive the non-members’ right of permissions,leading to the holder of the non-members "representative".However,this article claims that,as the exertion of copyright,the extended collective license system can protect the rights of non-participate right-owners and provide convenience for users.Therefore,the paper proposes special measures on the basis of analyzing the background and the problems of the organization.The first chapter is an overview of extended collective license system of the overseas.First,introducing the foreign legislation and analyzing the commonalities,pointing out that the successful operation of the extended collective license system in the foreign countries lies in the social tradition of collective consultation,generous welfare policies and highly developed social organization.The successful operation of the extended collective license system in Nordic countries makes the other countries of the world actively carry out related studies.As an emerging economies,in order to develop copyright career and improve the international level of copyright protection,our countries should explore the system in our country’s living space.The second chapter introduces provisions of the extended collective license system of the draft of copyright.First,analyzing the changes of the legislation about the system,and then proving the legitimacy of introducing the system.which can fit the spirit of modern copyright law of balancing interests and also can make up for the defects of statutory license and achieve a win-win of communication efficiency and licensing efficiency.It is a also a rational choice of meeting the needs of authorization and use of huge amounts of work in the digital age,promoting the use of orphan works and reducing the cost of copyright transaction.The third chapter defines the nature of the extended collective license system.At present,the extended collective license system is the exertion of copyright or the restriction of copyright,there exist different opinions.Copyright law of China(revised draft)stipulates the system in the exertion of copyright chapter.This paper holds that this system belongs to the exertion of copyright.Reasons are as follows:(1)the scope of the extended collective license;(2)right to opt-out of the non-participate right-owners;(3)the implied license system;(4)the origin of the extended collective license system.The fourth chapter is the localization of the extended collective license system.Giving specific measures should be based on the problems existing in the running.Therefore,this part firstly analyzes the questions existing in the operation of collective management organization.To solve above problems,the following measures are putting forward:perfect the governance structure of collective management organization;perfect the supervision mechanism of collective management organization;clear the main conditions of the extended collective license system;improve the mechanism of royalty collection and distribution;establish a convenient opt-out mechanism;establish a perfect non-member rights relief mechanism.