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Study on Collective Management of Copyright and Its Organizational Model

Author: DaiShuiPing
Tutor: DuanQiuGuan
School: Northwestern University
Course: International Law
Keywords: The Collective Management of Copyright Legal Relationship Competition Monopoly
CLC: D923.41
Type: Master's thesis
Year: 2006
Downloads: 407
Quote: 7
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Abstract


The collective management systems of Copyright have been in operation 200 years abroad. The important role that the collective management of copyright protects the interests of Copyright owner, facilitates the authorized use of works, and promotes the rapid dissemination of works, has been almost unanimous approval over the world.The nature-determining to the legal relationship between the collective management organization of Copyright and the copyright owner, and the choice of the collective management organizational model are two core issues. This dissertation applies the methods of theoretical analysis, intent analysis and comparative analysis for these issues. This dissertation draws the Conclusion: The legal relationship between the collective management of copyright and the copyright owner were characterized as Trust more reasonable, but can not be excluded by, transfer, and other authorized; Collective management organizations should adopt the model of "limited competition, reasonable monopoly" . The collective management of copyright is a new things for China. So this model is especially worth trying. The full text is divided into three parts In addition to the conclusion:Part I: The collective management of copyright is a new way to safeguard the copyright owner rights. First analysis of the causes of the collective management of copyright, and then introduced the emergence and development of the collective management organization of copyright, with the role and functions of the existing problems. That in many issues, The collective management organizations of copyright abusing its monopolistic position is the most attention should be resolved.Parts II: An analysis of the law relating to the legal relations of collective management of copyright, observing two models of the traditional collective management organization of copyright,

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