论我国的著作权集体管理制度

Discussion about Collective Managerial System of Author's Right in China

我国在修改后的著作权法中规定了著作权集体管理制度,这是保护著作权的又一重要举措,体现了著作权立法逐渐和国际社会接轨的良好趋势。但是目前的著作权法对这一制度如何实行却未作出进一步的规定,这无疑使该制度束之高阁,缺乏实际操作性。本文通过阐述著作权集体管理制度的含义、著作权集体管理组织的职能,并结合我国著作权集体管理的现状,对该制度提出一些个人设想和法律建议。

Our country has stipulated the collective managerial system of author's right in the revised author's right law. This is another important measure of protecting the author's right. It embodies the good trend that the author's right legislation is gradually integrated with the international community. But the present author's right law has not made the further stipulation about how to implement this system. This undoubtedly lays aside this system neglected and makes it lack of practicability. Through explaining the meaning of the collective management system of author's right, the functions of the collective management organization of author's right, and combining with the current situation of collective management of author's right in our country, this thesis has proposed some individual ideas and legal suggestions to this system.