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Research on the Feasibility of Extended Collective Licenses Introduction in China

Author: MaYueYang
Tutor: DuYing
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Copyright Modification Collective Management Extended Collective Management Balance of Interests
CLC: D923.41
Type: Master's thesis
Year: 2013
Downloads: 20
Quote: 0
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Abstract


With the digital network era, the way of work creation and distribution is extremely different from traditions. The contradiction between the existence of orphan works and author-unknowing works, which is out of management of CMOs (Collective Management Organizations) and the user’s request of whole repertoire becomes an big question for copyright management. And nordic experience——extended collective licenses, which has played an successful role in copyright management in the new situations, therefore, attracts much attention of the professors and law makers from different nations. However, once there an suspicion made by two professors that it is an VOLVO or a LEMON? On31st March,2012, when Copyright Board announced the draft of the adjusted Copyright Law of the People’s Republic of China, many suspicions were also brought up. Are right holders respected involuntarily? What’s brought to right holders, users and the publics by Extended Collective Licenses? These questions are necessary to be answered at the first time when law makers decide to transplant the ECLs to China.There are four parts constitutes the whole thesis. The first one makes an introduction of ECLs summarily, including the definition, characteristics and the development of ECLs. And the key differences between each nordic countries are also contained. The following part is to explain the necessity for China to transplant the ECLs from the eyes of right holders, users and the publics. The third part makes an analysis on the present situation of the Collective Management of China, and points out several problems. The last part, therefore, makes some legislative suggestions based on the specificity of China.

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