Research On The Collective Copyright Management System From The Perpective Of Works Users

In 1991,the Regulations on the Implementation of the Copyright Law(hereinafter referred to as Regulations)were promulgated in China.The regulation had guaranteed normal operation and development of China’s copyright collective management system at the legal level.Although China’s copyright collective management system which started relatively late had drawn the more developed experience of foreign countries,the copyright collective management system in the process of domestic development was not smooth and had many problems under the complex domestic situation.These problems were mainly as follows: the abuse of monopoly status by the collective organization,the lack of extended collective management,the imperfection of charging mechanism and dispute mechanism,and the imperfection of supervision mechanism of the collective organization.Because the original legislative purpose was more from perspective of right holder,in the theoretical research of copyright protection and the process of judicial practice,the research was mainly from the way to protect interests of protection of the copyright holder and discussed how to protect it.Users,as a part of collective management,had not received due attention and protection.Therefore,the interests of users should be taken into account when trying to solve the problems existing in collective management organizations.As for the abuse of monopoly by collective management organizations,reasonable competition factors could be introduced to restrict the abuse of monopoly on the basis of maintaining the necessary monopoly of collective organizations,so as to better protect legitimate rights and interests of users.The extended collective management system of copyright can effectively solve the problem of mass authorization and greatly reduce the risk of infringement by users.Improve the charging mechanism,dispute settlement mechanism,and supervision mechanism,so that the legitimate rights and interests of users can be effectively protected.In general,attached importance to the interest appeal of all parts in the system,and grasped accurately under the principle of interest balance to ensure the development of the collective management system.