Can Nordic Extended Collective Licence Be Transplanted to China?

서지정보

· 발행기관 : 이준국제법연구원
· 수록지 정보 : China and WTO Review / 3권 / 1호
· 저자명 : Haijun Lu

목차

I. Introduction
II . The Delicate Balance of Interests of Rightsholders and Users in the Context of ECLs
A. Authors’ Side
B. The Benefit to Users
C. The Feasibility of ECLs
III. ECLs Are Not a Panacea in the Face of Digital Challenges
A. P2P File Sharing
B. Orphan Works
IV. The International Context
A. National Treatment
B. The Three-step Test
C. Super-national Treatment
D. Territorial ECL and the Borderless Internet
V. Conclusion
References

영어초록

Collective Management Organizations’ lack of good governance and transparency is incompatible with the Extended Collective License (ECL). The ECL might be unfit for the digital world. National treatment for foreign rightsholders is not guaranteed. The ECL arrangement cannot pass the three-step test. The ECL in the draft of the third amendment of the Chinese Copyright Act may result in an unbalanced competition between Chinese copyright holders and foreign copyright holders. In the online world, the implementation of an ECL may be risk violating international copyright conventions. In light of not only China’s poorly established CMC but also Chinese CMOs’ lack of good governance, ECLs either should be put on hold (at least for now) or should only be exercised in special cases in which international copyright conventions permit the use of a non-voluntary licence. With regard to the possible abuse of ECLs, this article proposes the establishment of either mandatory international regulations or soft-law guidance.

참고자료

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