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著作的保障,系由两个关系密切的法律所构成,一个是著作权法,另一个则通称为著作权集体管理条例。前者立法目的在于藉由保护创作,来保障著作权人之著作权益,调和社会之公共利益,促进文化发展;后者则将前者之立法目的加以具体化,规范著作财产权人行使权利、收受及分配使用报酬及保护创作人权益。而法律条例的制定,亦有其背后的理论背景渊源,透过说明著作权集体管理之起源、著作权集体管理之相关定义、著作权集体管理之类型、著作权集体管理之功能,能有助于理解著作权集体管理的理论概况。
The protection of the writings consists of two closely related laws, one is the copyright law, and the other is commonly referred to as the collective management of copyright. The purpose of the former legislation is to protect the rights and interests of copyright owners in the works of authorship, to reconcile the public interests of the society and to promote cultural development by means of protection and creation. The latter, on the one hand, embodies the former legislative purposes and regulates the exercise of the rights, acceptance and distribution Remuneration and protection of creators’ rights. The formulation of laws and regulations has its origin in the theoretical background. By explaining the origin of collective management of copyright, the definition of collective management of copyright, the type of collective management of copyright and the collective management of copyright, it is helpful to understand the collective of copyright Theoretical overview of management.