Research On The Construction Of Extended Collective Copyright Management System

The digital era has accelerated the propagation of works,and the influx of massive works has led to the chaos of copyright economy.Large-scale copyright litigation has alienated the incentive mechanism of intellectual property rights,resulting in the waste of judicial resources.Our collective management started late,in the course of operation often faced with multiple questions,plus the system design has been unable to match the reality,defects and deviations emerge one after another.The extended collective management system follows logic from the aspects of theoretical legitimacy,organizational structure,practice and operation,and can effectively solve the problem of licensing massive works and the legal use of orphan works,promote the collective management organization to carry out internal reform,and balance the interest conflicts of related subjects.It is necessary to transplant this system from the perspective of practical needs and legislation.The definition,nature and characteristics of the system are elaborated,and the specific differences between the system and the existing collective management system in the source and operation of rights are analyzed.By studying foreign legislative provisions,the commonalities formed in the extension management system of various countries are summarized,which provides a reference for the transplantation of this system in our country.At present,the necessity and feasibility of the introduction of the extended collective management system are fully demonstrated by combining the practical operation,legislative attempts and the theoretical justification.To construct the extension collective management system in our country to put forward some concrete suggestions,the main points are to construct the system from clarifying its subject qualifications,defining the scope of application of the extension collective management system,the rights enjoyed by non-member holders and the obligations of collective management organization.Moreover,de-administration is not inconsistent with market trends.By combining effective administrative functions,establishing appropriate competition mechanism,open and transparent service system and fair dispute settlement mechanism and other supporting measures,the extended collective management system can be guaranteed.