Research On The Extended Collective Management System Of Copyright

The extended collective management of copyright refers to that the collective management organization of copyright extends its management function to the works of non members,that is,the collective management organization of copyright signs a "package license" agreement with the user without the authorization of non members,and the user is allowed to use the works of the copyright owner including non members with the payment of remuneration.The extended collective management system of copyright has many benefits,such as it can reduce the transaction cost,promote the dissemination of works,prosper the cultural market,etc.;at the same time,the system also has many disadvantages,such as it will limit the rights of non members within a certain range,damage the market rules,damage the interests of non member copyright owners,etc.In the third revision of the copyright law,legislators in China tried to introduce the system,but once the draft amendment was published,it aroused widespread concern of the society.The supporters represented by the workers of copyright collective management organizations and some scholars launched fierce debates with the opponents represented by some copyright owners and some scholars.Should we transplant this system? By analyzing the advantages and disadvantages of this system and the basic national conditions of our country at this stage,we can know that at present,our country should introduce this system within the limited scope,and gradually expand to other scopes as the time is ripe.The first chapter of this paper mainly introduces the related concepts and characteristics of the extended collective management of copyright,and further explores the nature of the extended collective management of copyright.The second chapter first analyzes the legislative exploration of the extended collective management system of copyright in our country.The legislative exploration mainly focuses on the third revision of the copyright law.The publication of the revised draft of copyright law has aroused heated debate in theory and practice.The provisions on the extension of collective management of copyright have been changed again and again,and gradually towards the direction of restricting the application of the system.Should we transplant the system? Is our condition suitable for the development of the system? The author then analyzes the advantages and disadvantages of the extended collective management system of copyright according to the debate,and responds to the voice of criticism and query,so as to get the author’s point of view.The author thinks that although the development of copyright collective management organization in China is not perfect,there is a certain monopoly,but if we do not establish the extended collective management system of copyright,it will hinder the development of related industries and the prosperity of cultural market to a certain extent.Therefore,the author suggests that legislators should introduce the system within a limited scope in the process of revising the copyright law.The third chapter of this paper analyzes the relevant experience of foreign countries,including the five Nordic countries,Russia,Britain,and summarizes the common points of all countries.In the fourth chapter,the author puts forward suggestions from four aspects: defining the scope of application of the extended collective management of copyright,strengthening the organization construction of the collective management of copyright,scientifically setting the standard of royalties,and practically safeguarding the rights of non members.I believe that with our continuous exploration of theory and practice,the extended collective management system of copyright will be gradually established and improved in China.