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The Research on Extended Collective License of Copyright

Author: CuiWeiXiong
Tutor: MengXiangJuan
School: South China University of Technology
Course: Legal
Keywords: Copyright Extended Collective Administration Collective Licensing Supervision
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 591
Quote: 4
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According to the power source of copyright collective management organization to manage works, the Collective management can be divided into voluntary, mandatory and extended collective management, these three kinds of mode. The traditional voluntary collective management must obtain copyright person authorized to take the management of works, while the extended collective license management of copyright collective management organization is allowed to manage all the works, including without copyright authorization management works. But the copyright owner can always refuse to collective management organization management.In this essay, there is a comparative study of the implementation of the copyright collective management based on extended collective license in the Scandinavian countries and Russia, and also combining with the actual situation in China, to expound the extended collective license system of the basic principles. It proves the rationality and necessity of building extended collective license system and does some studies on collective management, and puts forward to build the feasibility plan. The essay consists of six parts: The first part is the introduction. It introduces the meaning and purpose of the extended collective license system, the research situation at home and abroad, the main research contents and research methods.The second part is the extended collective management of copyright. There is the description of the extension of collective management concept, development status, and basic characteristics and abroad to carry out a circumstance.The third part discusses the necessity of the extended collective license of the collective management system. Because of our country existing copyright collective management mode exists, which cannot protect non-member author, cannot meet the needs of users, and cannot protect“orphan works" and other problems. So it is necessary to carry out the extended collective license.The fourth part is the certain research on the extended collective license of the collective management system. There is a series of problems, including its rationality and superiority, the relationship of the non-membership and collective management organization, the conditions of establishment of the extended collective license system, the suitable field of this system applying, the rights of non-members and the management of foreign works. The fifth part is the tentative idea of establishing the extended collective license system. The feasibility analysis is on the system establishment. Show some suggestions in legislation increasing the regulations. Do the study of the non-member work royalty collection and distribution problems, as well as plan on non-members works management. Finally, it puts forward to build and perfect the supervision mechanism of collective management organization.The sixth part is the conclusion part; the essay makes a general summary.

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