Research On Legal Problems Of Operation Of Copyright Collective Management Organization In China

Collective management of copyright is considered a legal system that benefits right owners,users and the general public.After centuries of development and improvement,the practice of collective copyright management system in foreign countries has been proved to be a fruitful institutional innovation.In China,however,this system was established relatively late:the first copyright collective management organization was established only in 1992,and the other four collective management organizations were established one after another after the promulgation of the Collective Management of Copyright Regulations.Although the development history is still relatively short,it is undeniable that these collective management organizations have made certain contributions to promoting the development of China’s copyright collective management system,protecting and realizing the interests of rights owners.At the same time,it is also necessary to see some problems related to future development exposed in the process of its operation,which can be divided into problems arising from collective management organizations themselves,between collective management organizations and rights owners,and between collective management organizations and users,according to different legal relationships in the collective management of copyright.Therefore,entering a new historical stage,in order to promote China’s copyright collective management and collective management organizations to achieve better development,it is necessary to research and analyze the relevant problems arising from the operation of China’s copyright collective management organizations.This paper mainly consists of five parts.The first part is the introduction.The second part is an overview of the collective management system of copyright,firstly analyzing the basic connotation and function of collective management of copyright,exploring the legal relationship between the relevant interest subjects in this system,secondly sorting out the different effects of different establishment modes on the operation of collective management organization of copyright,and finally focusing on the object of this paper,namely,the establishment and development of collective management organization of copyright in China.Finally,we focus on the object of this paper,namely,the establishment and development of China’s copyright collective management organizations.The third part presents the main problems in the operation of copyright collective management organizations in China and the necessity of regulating these problems.Among them,the main problems in the operation of collective copyright management in China are summarized based on different legal relationships,including not only the problems arising from the operation of collective management organizations themselves,but also pointing out that there are some urgent problems between collective management organizations and rights owners and users.The fourth part is the measures and inspirations of overseas countries in regulating copyright collective management organizations.The United States and Germany with different establishment models are selected as the subjects of overseas study,and their good practices of regulating their collective management organizations are introduced and analyzed,with a view to providing some useful experiences for solving the problems existing in the operation of copyright collective management organizations in China.The fifth part discusses countermeasures and suggestions for solving the problems of China’s copyright collective management organizations.Taking into account the social background and actual situation of the development of China’s copyright collective management,we propose some targeted and practical countermeasures to address the problems arising from the operation of China’s copyright collective management organizations.