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A study on the copyright collective management organization system

Author: BiLiGeTu
Tutor: HaiTang
School: Inner Mongolia University
Course: Civil and Commercial Law
Keywords: collective management of copyright legislative model theconduction of functions the realization of functions
CLC: D923.41
Type: Master's thesis
Year: 2013
Downloads: 1
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The collective management system of copyright dates back to the18th century in France. Then, it is gradually followed, improved and developed by other countries. It’s correspondent organization is to maximize the benefit of both the copyright owner and its relevant person. However, it is established till late in our country for some national and practical reasons and is still in a preliminary phase of development. Thus, many issues, such as the strong administrative factors, the inadequacy of supervision, the unreasonable charge and the inadequacy in the security of the copyright owner and the relevant persons, are still to be solved.This dissertation proceeds with some basic issues of the collective management system of copyright, its organization and its legal status; follows the clues of ontology, histographer and functional theories; probes in the following topics which are about how to choose the proper management mood, how to set its functions and how to guarantee the per formation of its functions for the copyright collective management. The topics covered four parts:1:By the analysis of the models of other countries, we discuss about the value tropism of the legislation of copyright collective management organization model of our nation and compare it with those of put forward a better one which can both meet the practical condition of our nation and the maximum benefit of both the copyright owners and the relevant persons.2:this part aims at the legislation status of copyright collective management organization of our nation. By the analysis and comparison of the related laws and their legislation status, we insist that the precondition to orient its legislation is to comprehend and grasp its specialties. We also insist that the copyright collective management organization should be public corporation which is relatively independent, competitive and unprofitable.3:this part focus on the functions of the copyright collective management organization and the conduction of such function and its restrictions. Based on laws and practice, we induce and analyze its specific content and its inadequacies, such as its charging function, management function, litigation function, non-members relationship functions, etc. Besides, we put forward some suggestions to improve it.4:In this part, we discuss the guarantee for the realization of the functions of the copyright collective management organization. We put forward some practical advises to solve the strong administrative intervention and the unreasonable phenomenon in application and management. Besides, we should manage the issues between organizations and obliges. Thus, the issues on the protection of both the copyright owners and the relevant persons are also discussed in this dissertation.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law
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