Collective management organization and blockchain

1. The vone block chain self-organization of wanglian technology is an innovative form of organization. It can break through the space and population size constraints of the physical world self-organization by using the block chain technology, and mobilize a wider range of human cooperation.

2. 1、 The subject of the legal relationship of collective management of right is composed of the principal, the trustee and the third party. They can be divided into internal relations and external relations
(1) internal relationship
the so-called internal relationship refers to the relationship between the client and the trustee. The principal is the person who grants part or even all of his own right property rights to others, including the author and other right owners and neighboring owners. The trustee refers to the person who accepts the entrustment of the client and concts activities with the third party for the benefit of the client within the scope of authorization, that is, the collective management organization. The formation of this legal relationship is based on the agreement between the parties< (2) external relationship
the so-called external relationship refers to the relationship between the trustee and the third party. The collective management organization authorized by the client shall, within the scope of authorization, conct activities with a third party on matters related to the use of right and neighboring rights. In carrying out the activities, the client must be limited in the scope of the client's authorization or legal provisions, and must protect the interests of the obligee< Second, the nature of the legal relationship of collective self-care
in legal theory, the nature of the legal relationship of collective management of right, especially the nature of the legal relationship between the collective management organization and the client, is controversial. In theory, there are mainly "agency theory" and "trust theory". Two different theories
"agency theory". The author holds that the collective management organization acts as the agent of the principal (the author and other right holders), so the basis of its activities is the principal-agent relationship, and the legal relationship between the collective management organization and the principal is the agent relationship
"trust theory". The author and other trustors entrust their rights to the collective management organization, and the collective management organization, according to the requirements of the author, carries out activities for the interests of the author within the scope of the trust contract, and the basis of its activities is trust. Therefore, the legal relationship between the right collective management organization and the trustor is a trust relationship. Refer to the trust law of the people's Republic of China
in China's right law, there is no direct explanation of the basis for right collective management organizations to exercise right and neighboring rights. We believe that the relationship between the right collective management organization and the author and other principals is an agency legal relationship. That is to say, the collective management organization acts as the agent of the principal according to the entrustment of the author and other principals, and concts activities with the third party for the benefit of the principal. Although in name, collective management organizations carry out activities in their own name, according to articles 402 and 403 of the contract law, their behaviors are still agency nature. Because agency behavior includes not disclosing the principal's agency. Agency of disclosed principal and agency of undisclosed principal are classified in common law. The agency of undisclosed principal is similar to indirect agency in civil law. In China's contract law, foreign theories are used for reference to confirm the agency effect of undisclosed principal. According to the contract law, the contract signed by the agent and the third party is regarded as the contract between the agent and the third party. Except for the limited circumstances stipulated by the law, the principal can sue and be sued against the third party, and the principal can ask the third party to bear the contract liability< Third, the agreement between the collective management organization and the client
as mentioned above, the entrustment contract is the basis of the legal relationship of the collective management of right. The conclusion and form of the contract should follow the contract rules of civil law and the relevant provisions of right law. In the contract, we should consider: the way of collective management of works; The way of authorization; The way of payment; The nature of right is exclusive or non exclusive< In the entrustment contract, the following issues need to be considered:
(1) authorization methods of right property rights
there are usually two authorization methods of property rights in Copyright: transfer and license
(2) the scope of works
there are also two situations in the scope of authorized works: one is the "package" authorization of existing works, or existing works and works within a certain period of time in the future; The second is to license existing works and future works respectively
in the first case, if the author has given the right to a third party before the authorization or consent, it must be explicitly excluded in the contract, because the prior agreement should not be blocked by the subsequent agreement
in addition, the parties can conclude the contract by the coexistence of general agreement and sub agreement. In other words, the parties may have several sub agreements within the framework of a general agreement< It is worth noting that not all countries allow the transfer of future works, for example, France forbids the transfer of the right of future works< In addition, when the author and other obligees authorize their own rights to the collective management organization, they should also clarify the following contents:
(1) the rights authorized to the collective management organization should be the property rights that are still in the period of legal protection
(2) define the scope of collective organization management, such as publishing rights, adaptation rights, broadcasting rights, performance rights, network communication rights, etc
(3) license or prohibit others to use their works for advertising and commercial purposes by means of language, image, voice, Internet and other means and reproction methods
(4) applicable areas.

3. 1. The collective management of right refers to the system that "the collective management organization is authorized by the obligee to manage its rights, supervise the use of the relevant works, negotiate with the users of the works, grant the license in consideration of the reasonable remuneration paid by the other party, and distribute the remuneration to the obligee"< The current right management organizations are: China Music Copyright Association, China audio and video Collective Management Association, text right protection association

3. Because of some rights, the obligee exercises them alone. Due to various technical difficulties, it is not realistic in economy or the gain is not worth the loss. These "small rights" are often authorized to be exercised by right collective management organizations. For example, right owners charge KTV right fees. Because KTV has many business places, it is difficult to investigate whether KTV uses your songs or not and how much. This "small right" is exercised in China through the China audio visual Collective Management Association.

4. The single or comprehensive mode of right collective management organization

in theory, all rights may be included in the collective management. If the collective management organizations are set up according to different types of works, or even more detailed collective organizations are set up according to different rights of the same type of works, it seems that each of them performs its own ties, In fact, it often causes some confusion. Although the system to be adopted depends on the local conditions of each country, and both systems can prove equally effective, when there are multiple associations, each specific category of right can only be managed by a single institution. The fundamental key is to unify the management of right, so that it is compatible with the complicated international relations and the contracts concerning the indeterminate catalogue of works on the one hand, and with the respect for the right which is basically an indivial right on the other hand[ ⑤ In the world, many countries adopt a variety of association systems. For example, in Germany, as of 1998, there were 11 collective management organizations, including the Association for the collective management of music performance rights, reproction rights and the Association for the management of music version. There are four associations involving film and television works, such as France, Britain, Switzerland, Spain, Argentina, Chile, France, France, France, France, France, France, France, France, Switzerland, Spain, Argentina and Chile Mexico and other countries also adopt a variety of association systems, while other countries such as Belgium, Israel, Italy, Uruguay and Venezuela adopt a central association to undertake the collective management of various rights of different kinds of works
after the establishment of China Copyright Protection Center, the national right administration has repeatedly instructed and helped to set up right collective management organizations such as writing, photography and art works. From the current trend, the collective management of right in China adopts a variety of association systems. In China, from the perspective of the types of works, it seems that each specific category of right can only be managed by a single organization. For example, music works, written works and other associations are given a relatively independent monopoly status. However, according to the author's understanding, this is only a monopoly mode of a certain type of works by a certain association, It is not ideal in a developing country with a short history of intellectual property development and weak national awareness of intellectual property. The reasons are as follows: first of all, the cost of setting up and managing right collective management organizations is too huge; Secondly, in terms of external relations, it is very important that the authority and efficiency of decentralized collective management organizations can not be effectively reflected. We know that even in countries and regions with sound right collective management institutions and developed legal system, it is not easy for right owners to realize their interests, such as Gema, The total annual revenue is more than 1 billion marks, but more than half of it is not collected through normal operation, but from users through legal proceedings[ ⑥ It can be seen that there is no reason for us to be too blindly optimistic. Only by concentrating our efforts and establishing a national unified and comprehensive right collective management organization in front of a large number of media groups and users with advanced communication technology of works, can we have more authoritative advantages and representativeness in negotiation or litigation with users than a variety of scattered associations, At the same time, it will undoubtedly play a more active role in influencing the administrative authorities to formulate right protection policies. Thirdly, in terms of internal relations, it is often difficult for different scattered associations to integrate the rights of different kinds of works, which easily leads to problems. In many cases, works are not mechanically independent concepts. For example, when a poem is composed, is it a written work or a musical work? For example, what is the relationship between dramatic works and scripts? Theoretically, there is still room for discussion. In terms of management, these problems can only be solved through the coordination of technical measures, but after all, they have not been solved fundamentally. The so-called monopoly emphasized above is not so much that a single scattered Association monopolizes a certain kind of works as a comprehensive right management organization monopolizes the rights of all different works. To sum up, the author's opinion is to coordinate the whole, transform the music right association, Literary Works Association, etc., and make it a unified and comprehensive right collective management organization with music right as the main business.

5. At present, the domestic right collective management organizations include China Music Copyright Association, China Audio-Visual Copyright Collective Management Association, China writing Copyright Association, China photography Copyright Association and China Film Copyright Association
according to Article 3 of the regulations on collective administration of right, "the collective administration organization of right referred to in these Regulations refers to a social organization established in accordance with the law for the benefit of the obligee, which carries out collective administration of the obligee's right or rights related to right according to the authorization of the obligee
right collective management organizations shall register and carry out activities in accordance with the administrative regulations on the registration and management of social organizations and the provisions of these regulations. "

6. China Music Copyright Association was first established. The following are the Association for sound collection, the Association for literary works, the China Photographic Copyright Office, and the China Film Copyright Association

7.

China character Copyright Association, China Music Copyright Association, China audio visual Collective Management Association, China photography Copyright Association, China Film Copyright Association

8. At present, we have five right collective management organizations: China character Copyright Association, China photography Copyright Association, China Music Copyright Association, China Audio-Visual Copyright Collective Management Association, and China Film Copyright Association<

the collective administration of right has the following statutory functions:
(1) to conclude right or right related rights license contracts with users (hereinafter referred to as license contracts)
(2) charging users usage fees< (3) transfer the royalty to the obligee< (4) litigation and arbitration involving right or right related rights.

9. Collective management of right refers to that the right owner entrusts his own right works to the relevant management organization for management. In the face of other people's infringement, the management organization can be required to protect his rights through litigation, and the organization can also be entrusted to transfer and trade the right. Let's take a look at the nature of collective management of right. What is the nature of the collective management of right? 1. What is the collective management of right? Collective management of right refers to the collective management organization of right, authorized by the right holder, exercising the relevant rights of the right holder in its own name. (1) conclude a right or right related rights license contract with the user (hereinafter referred to as the license contract) 2 Charging users royalties 3 Transfer the royalty to the obligee 4 Conct litigation and arbitration involving right or rights related to right. 2、 The nature of collective management of right 1. The general provisions of China's "right law" stipulate that the legislative purpose of right law is to protect the legitimate rights and interests of obligees and promote the development and prosperity of scientific and cultural undertakings. 2. The purpose of right collective management organization is to provide services for right owners. Its function is to accept the authorization of right owners, issue licenses to users, collect royalties, distribute benefits to right owners, and strengthen the cooperation among international collective management organizations. 3. After decting the necessary activity funds (management fees), the royalties collected in the course of operation shall be fully distributed to the obligees. Therefore, right collective management organizations are generally non-profit social organizations. The common practice of most countries in the world is that right collective management organizations are non-profit private organizations.

10. The collective management of right is that the right owners entrust their own right works to the relevant management agencies for management. In the face of other people's infringement, they can ask the management agencies to protect their rights through litigation, and they can also entrust the agencies to transfer and trade the right. The following eight commandments of intellectual property with you to understand the nature of collective management of right? The nature of collective management of right 1. The general provisions of China's "right law" stipulate that the legislative purpose of right law is to protect the legitimate rights and interests of obligees and promote the development and prosperity of scientific and cultural undertakings. 2. The purpose of right collective management organization is to provide services for right owners. Its function is to accept the authorization of right owners, issue licenses to users, collect royalties, distribute benefits to right owners, and strengthen the cooperation among international collective management organizations. 3. After decting the necessary activity funds (management fees), the royalties collected in the course of operation shall be fully distributed to the obligees. Therefore, right collective management organizations are generally non-profit social organizations. The common practice of most countries in the world is that right collective management organizations are non-profit private organizations. 4. According to the Spanish intellectual property law, institutions that require to manage the right of use and other property rights for various authors or other intellectual property rights holders in their own name or in the name of others should be approved by the Ministry of culture, and the institutions should not have profit-making purposes. Therefore, the second paragraph of Article 8 of the newly revised right law in 2001 clearly stipulates that the collective management organization of right is a non-profit organization. 5. As the collective management organization of right is a non-profit public welfare organization, in order to protect the rights and interests of right owners, its establishment generally adopts the membership system, that is, an organization composed of right owners and managed by members. China's "Regulations on collective administration of right" has adopted the membership system for the organization of collective administration of right. 6. Article 17 of the regulations on the collective administration of right stipulates that the general meeting of the members of the collective administration of right is the authority of the collective administration of right. The general assembly of right collective management organizations in China is the authority, and the Council is the executive body. 7. Article 29 of the regulations on collective administration of right stipulates that the royalties collected by the organization for collective administration of right shall be fully transferred to the obligee after the management fees are withdrawn, and shall not be used for other purposes. This fully illustrates the public welfare and non-profit nature of right collective management organizations in China.