The development and progress of copyright collective management organization in Taiwan

• Main Authors: LIANG, SHIAO-TIEN, 梁曉天
• Other Authors: JHANG,JHONG-SIN
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/79728742351432528240

碩士 === 東吳大學 === 法律學系 === 104 === The Copyright Collective Management Organization is the primarily important tool for authors and users to communicate with each other. If the Organization functions properly, costs for authorizing to use the works would be decreased significantly in a way to help the works be widely and extensively used among people, giving the general public an affordable acquisition of the works; On the other hand, authors’ rights would be protected respectively, and the users can acquire the works legitimately. Although the implementation of the current Copyright Collective Management Organizations Act brings revolutionary changes to the existing system, our copyright collective management organizations are still less developed, and always trigger relentless controversial debates in the society, in terms of the discussions of authorization for the business promotion or even regulating the compensation rate for using the works, while comparing to the other countries where more developed and mature copyright collective management organizations have been built. Therefore, there’re plenty of rooms for the discussions of improvement on the topic of the general operation and the future development of the Copyright Collective Management Organization. The dissertation starts introducing the origin of the Copyright Collect Management Organization, followed by an example of Music Copyright Society of Chinese Taipei (MÜST) to explore how it operates, including issues of regulating compensation fees, referencing practical cases of compensation fee for use, privileged authorization, contract of authorization, exclusive authorization and digital development etc. With the introductory presentation of the collective management organizations and their operating systems in US, mainland China, Hong Kong & Japan, it is hoped the overseas experience would pave a directive path for our country’s development in such area. In Chapter 5, topics of the decriminalization of copyright law, fair use concept, Creative Commons, equity on the compensation fees in copyright collective management organizations and the type of organization in copyright collective management organizations will be thoroughly discussed to interpret the Organization and the complementary relationship between the authors and the users. In the last part, a few recommendations will be proposed for sustainable development in operation of the Copyright Collective Management Organizations.