The children's team of our Center is a team aimed at creativity, created for creativity and to teach children a creative attitude towards their own and public life. Only in a creative team do children grow up not adapting to life, but transforming it around them.
How can we do this in order to fully develop the initiative and independence of each child, as well as make the upbringing process fun, effective and creative?
Each teacher seeks his own answers to these questions. They also worry me, the teacher-organizer of the Center, because the problematic issues modern education are concluded as follows:
- insufficient activity and initiative of the students themselves and weak organizational skills;
- in the indifference of teaching staff to the development of student self-government, lack of trust, authoritarianism of teachers, reluctance to support children's initiatives;
- in parents’ negative perception of children’s social activities (stereotype of uselessness, burdensome duty);
- in the weakness of the socially beneficial orientation of the work of children's groups;
- in the use of outdated, primitive forms of work, inadequate to the nature of modern teenagers.
These problems can be solved through:
- deepening the program-targeted approach to the activities of the educational process;
- creation of organizational and pedagogical conditions for organizing and carrying out collective creative activities.
It is necessary to immediately make a reservation that of all aspects of the educational methodology, attention in the work is focused most fully on one, but the key one - ON THE METHOD OF ORGANIZING THE ACTIVITIES OF THE EDUCATIONAL COLLECTIVE, which includes: the methodology of collective creative activity(KTD).
Collective creative activities – this is, first of all, the full-blooded life of senior and junior pupils, their parents and teachers, and at the same time their common struggle to improve the surrounding life of the institution. In this life, in this struggle, teachers act as older comrades of the children, acting with them and ahead of them.
Constant multilateral concern for each other, for one’s team, surrounding people, for distant friends, searching the best means this care, an increasingly clear organization of one’s life, various activities for the benefit and joy of one’s team and other people - this is what unites parents, teachers and students of the Center. And the richer, more purposeful, more organized common life, the more effective is the multilateral educational process that goes “along the way”, in the depths of this life: the educational influence of teachers (direct and indirect, open and hidden), and the mutual influence of the students themselves on each other, and the self-education of older and younger ones. KTD is a creative collective work, because it represents a joint search for the best solution to a vital problem, because it is created together - not only carried out, but also organized: conceived, planned, evaluated.
Scheme 1. Organization of planning of collective and creative activities in the Municipal Educational Institution of Children's Education "Center for Additional Education for Children of the Tyazhinsky District of the Kemerovo Region"
Educational work of our institution begins with collective planning. Each creative association or club receives the task of thinking about what interesting, useful things they can do for themselves and others this school year. After a collective discussion, 1-2 proposals from associations and clubs are submitted to the “Council of Good Deeds,” which includes representatives of the Center’s administration, parents, teacher-organizers, additional education teachers and students. Each of the proposals is built according to plan. “What will we do and for whom? Who will this bring joy and benefit to? When will we do it? Who will participate? Who will be responsible for implementation?
The most important thing in collective planning is the development of creative, organizational activity and independence of the students themselves. Children learn to live - and live with benefit and joy!
Implementation of collective creative activities in the Center
KTD are planned and carried out within a month, changing names and content. All of them are directly related to the thematic periods of the academic year. The variety and frequency of events allow students to realize their interests and needs, develop intellectual and creative abilities, social creativity. This system involves the broad participation of everyone in the selection, development, conduct and analysis of collective affairs.
Everyone is given the opportunity to determine for themselves their share, the nature of their participation and responsibility. KTD make it possible to create a wide creative playing field in the Center, which consists in the fact that each participant in the matter is in a situation of inventing, composing, imagining, i.e. creating something new. The result of such creativity are scripts, essays, poems, songs written by children or adults individually or jointly; performances, miniatures, skits, and propaganda teams are shown on stage. Exhibitions, almost always organized during collective creative activities, demonstrate a wide range of creative works of an applied nature, from drawings, posters, newspapers to crafts, products made from various materials, and models. Large exhibitions applied and written creativity, as well as public performances of children on stage in front of each other, in front of juniors and seniors, and parents create situations of demonstrating success, situations of assessing their achievements relative to the successes of others.
Collective creative work has a huge impact both on the personality of each person, creative association, club, which is the primary team, and on the entire large team of our institution. This is confirmed by the results of diagnostics, analysis of the CTD and educational work in general.
In the process of CTD, children acquire communication skills, learn to work, share success and responsibility with others, learn a lot of new things about each other, and finally, just get to know each other and make friends. Thus, two important processes take place simultaneously - the formation and unity of the children's team, and the formation of the personality of the pupils. In progress general work people interact different ages, the elders help the younger ones, the younger ones learn from the elders.
Thus, collective creative activities as large educational actions create periods of increased emotional stress of a positive orientation in the institution, bright events in the life of the Center, prepared consciously and carried out by the majority, contain valuable moral guidelines on which the life of this majority is built, and allow the values of the system to be translated into personal values of each of its participants.
KTD is the right way to connect and create community of our Center on long time, creation and expansion of space conducive to personal development.
In our Center, 13 creative associations and 10 interest clubs have been created and are functioning. The work of clubs and associations is based on the principles of collective creative activity, providing students with the opportunity to realize their interests and needs, develop communication abilities, self-expression and self-realization among their peers. In addition, participation in club activities allows students to relax and find friends. The most popular are the military-patriotic club “Vityaz”, the vocal studio “Domisolka”, and among the students of the dance group “Sozvezdie” a team of the KVN club was created. Collective creative work, in our understanding, is a group activity that has a playful instrumentation, a set of techniques, actions, arranged in a certain sequence.
The organization of collective creative activity takes place in several stages, which we have modified and supplemented based on the goals and objectives of our institution (the composition of participants has been expanded, a wide creative space of activity has been created, an intermediate stage has been introduced, and play instrumentation at all stages).
Scheme 2. Scheme of activities of the KTD organization
KTD are held at the Center 5 times a year, covering the teaching staff and all students from junior to senior age. Leaders of creative associations and clubs, leisure organizers, parents and the students of the Center themselves participate in the preparation and implementation.
The educational content of KTD is formed in the form of didactic tasks, however, for the children they do not appear openly, but are implemented through game actions and rules, which greatly facilitates their solution and makes the process exciting and emotionally rich. The game contributes to the formation of positive motivation, expands the composition of participants in the CTD, and makes it attractive.
We did not choose play as a means of education by chance. During the game, adults’ demands on students become their demands on themselves, which means they become an active means of education and self-education. Play is a free, natural form of manifestation of children’s activity, in which they realize and study the world around them, opening up space for the manifestation of their “I”, personal creativity, activity, self-knowledge, self-expression, and self-development. The game is the main sphere of communication for students; problems of interpersonal relationships, partnerships, friendship, and camaraderie are solved in it; Play is the strongest means of socialization.
The most important educational functions of the game are:
- sociocultural purpose of the game;
- function of a child’s self-realization in play;
- communicative;
- diagnostic;
- play therapy;
- correctional;
- entertaining.
In our pedagogical experience the following forms are practiced: games, who answer as follows requirements:
- The game promotes team unity.
- Has educational value.
- Activates social activities of pupils.
- Provides mental activity for game participants.
- Creates conditions for children's creativity.
- Corresponds to the principle: “As few spectators as possible, as many characters as possible.”
The subject of such a game is enjoyment of its process, the end result is the realization and development of abilities that shape the personality.
In practice, the work of our Center includes both labor, organizational, and festive, artistic, collective and creative activities.
Labor matters. In labor matters, students and teachers of the Center provide care through work - to creativity. The purpose of labor affairs is to enrich the children’s knowledge about the environment, to cultivate the desire to contribute to the improvement of reality, as well as to actually take care of near and far people, to work independently and creatively. Traditionally, our Center hosts a collective creative activity called Operation SDA - “Gift to Distant Friends.” Operation traffic rules are carried out both for well-known people and for distant friends. One of these cases is the action “Children of Kuzbass to the Soldiers of Russia,” which activists from the “Council of Good Deeds” learned about and came up with a proposal to participate in it, developing a general preparation project. The essence of this project is as follows: to make a general gift to the soldiers of the military unit in the village of Kozyulka, Krasnoyarsk Territory. This part was not chosen by chance. Firstly, it is headed by our fellow countryman Runda Mikhail Mikhailovich, a graduate of Itatskaya high school, secondly, friendly relations have long been established with this tank unit - our students received their first skills in soldier service at military field training at the unit’s location, thirdly, young men from the Kemerovo region and Tyazhinsky district in particular serve here.
The project is being implemented in the following stages:
Stage 1. Creation of micro-collectives from students of the institution who receive a specific task. A micro-collective of creative arts and crafts associations knit mittens and socks, sew warm clothes, and make toys and amulets for soldiers. The microgroup of the artistic and aesthetic block develops a script, prepares concert program, students of the “Vityaz” club are collecting letters from close relatives of soldiers, forming parcels with artistic and scientific literature, sweet surprises.
Stage 2. Discussion and defense of the “gift”. Selection of a delegation of students for a visit to a military unit.
Stage 3. The result of the project is a trip to a military unit with a festive concert and presentation of a general gift from the students of the Center. Every year, on February 23, a delegation of students, teachers and parents of the Center travel to the unit’s location. The guys from Kuzbass are met by the deputy unit commander for educational work, Lieutenant Colonel Lacroix Andrey Vyacheslavovich, and the unit psychologist Natalya Vladimirovna Ponomarenko. The guys show the soldiers a wonderful concert, delighting the military personnel with their performances. The dance group “Constellation” and the vocal studio “Argo” give them their festive mood. The friendly meeting is filmed by the parents of the students. The soldiers receive stormy and prolonged applause from our guys. At the end of the festive concert, Lieutenant Colonel Lacroix A.V. sincerely thanks the children and teachers for great mood, which they deliver to the soldiers, and invites them to further cooperation. The children also enjoy visiting the museum of military equipment, they can explore combat vehicles on their own, communicate with soldiers, and learn about the everyday life of soldier service. Every year the cooperation between the military unit and our Center grows stronger. Unit commander M. M. Runda traditionally presents thank you letter, which states: “The command and personnel of unit 54630 expresses gratitude to the education department of the administration of the Tyazhinsky district of the Kemerovo region, the MOU DOD “Center for additional education for children of the Tyazhinsky district of the Kemerovo region” for organizing cultural and leisure work with the personnel of military unit 54630, expresses confidence “that in the future mutual cooperation will contribute to the education of worthy defenders of the Fatherland.”
Stage 4. Evaluation of performance results – correlation of what was achieved with what was planned.
Organizational matters. Any practical matter becomes collective and creative only in live, joint organizational activity - this is when together we came up with, prepared, carried out and discussed our common cause. The newspaper is “lightning” “I + friends = family” is not simple information, but a collective creative endeavor, both of the participants in its publication and of all members of the children's team, thinking about the issue under discussion, passionate about finding the most successful solution. Every creative association of the Center is working on the creation and publication of this newspaper. The right to publish a newspaper passes from one creative association to another, in this case, each children's team of the institution will be able to participate in the publication of newspapers - “lightning”. Each issue reflects information about the life of a particular creative association, its successes, achievements, and news. The “lightning” newspaper does not tolerate templates in the content and presentation of material; the new issue is original in form and attracts attention with bright, expressive design means. For “feedback”, a special “opinion box” is used, placed near this newspaper. This form of work gives the greatest educational effect; it develops a sense of responsibility for the life of one’s team, teaches one to compare and evaluate the various facts of this life, to highlight the main thing, to determine the vital important task, find the right solution, act resourcefully and quickly.
Holidays are our common affairs. The best form of attracting students to this creative activity are holidays: “Initiation into the Guild of Creators”, “New Year is coming”, “House of Friends”, “Without a mother there is neither a poet nor a hero”, “Autumn gatherings”, etc. How many fairy-tale characters can be seen here! Thanks to these holidays, students can realize their directorial, choreographic, artistic, musical abilities. Therefore, the purpose of these holidays is the development of creative imagination and the formation of the creative personality of students.
The most exciting, diverse, creative collective activity is possible when preparing and holding the “New Year is Coming” holiday. Here a wider field of creative activity is provided for the joint work of students, teachers, and parents. Preparations for the New Year at the Center begin with a starting conversation in creative associations. At the “Council of Good Deeds”, options for organizing and holding everyone’s favorite event are selected. happy holiday. All proposals are selected, discussed, and clarified by questions of the following type: “For whom? Together with whom? Where? When? Who will be the leading organizer?” are being improved, some are accepted, and some, on the contrary, are rejected. The details of the plan are also developed and clarified, and assignments are distributed between creative associations.
This collective creative activity gives direction to the initiative and initiative of each participant and everyone together (younger and older), allows you to determine the extent of your participation in the implementation of the plan, choose assignments to your liking, and unite in interest groups.
Each group has its own circle of concerns:
- the “owners” decorate the Christmas tree, decorate the room, and prepare surprises;
- “journalists” organize competitions for best drawing, publish wall newspapers congratulating each creative association, draw up final articles on the celebration in the regional newspaper “Prazyv” and the press center of the Tyazhinsky district administration;
- “artists” prepare concerts, creative congratulations, carry out the operation “Joy to Kids” with the involvement of puppet theater"Harlequin", vocal studio“Domisolka” (a New Year’s play shown in kindergartens in the village);
- “entertainers” develop theatrical performances, distribute roles, and conduct rehearsals;
During the period of preparation for the holiday, “Santa Claus’s workshop” opens. In the “workshop”, workshops are created, which include a workshop for the production of props and decorations (joint work of teachers, students and their parents), a workshop for sewing costumes, a workshop for the production of souvenirs and gifts;
The results are summed up at a general meeting of the “Council of Good Deeds”, which is preceded by a written survey containing questions for reflection: “What was good and why?”, “What feelings and thoughts did this KTD evoke in you?”, “What do we suggest for the future?” ? The successes of creative teams and the personal contribution of each are celebrated. Completing the far from complete list of collective creative endeavors, we can say that all this did not come immediately and not as easily as we would like. But our students have changed especially noticeably, how much kinder and more attentive they have become to each other and the people around them, how their role positions have changed, with what joy they run to our Center, where they have such interesting life how they want to make this life more interesting and useful.
- Introduction
- KTD stages
- Main types of KTD
- Conclusion
- Bibliography
Introduction
"I want to be happy man, but the surest way if I do this is to make everyone else happy. Then I'll be happy. Every action should contain the thought of the team, of universal victory, of universal success.”
A.S. Makarenko
The team plays an important role in shaping the younger generation. He is the main one social environment, in which the abilities of the individual can be nurtured. And in order to organize a certain way of life of the team, you need to approach the process creatively.
Deserves special attention school age, because it is during this period of development of the child’s personality that the range of joint actions with other people is further expanded, personality traits such as organization, positive orientation, determination, enterprise are developed, life value guidelines and relationships are formed, which generally determine his behavior in a variety of conditions life activity.
In the modern world, CTD has a huge impact on the personality of every child, since it is a way of organizing activities filled with work and play, creativity and camaraderie, dream and joy. It is important to organize joint activities between adults and children, in which everyone participates in collective creativity, planning and analysis of results.
Collective creative work is the most important structural component of the method of collective creative education.
Collective creative activities are, first of all, the full-blooded life of seniors and juniors, teachers and students, and their common concern for improving the surrounding life, in which teachers act as senior comrades of the children, acting together with them.
Organization of collective creative work
The goal of collective creative work- development creative potential, communicative qualities, self-expression, self-affirmation, self-realization, and ultimately - the harmonious development of the individual, determining the path of life.
The main task– awaken the child’s soul, develop the inherent natural creative abilities, teach communication, orientation in various life situations, cultivate an elementary culture of behavior, a sense of mercy and compassion.
Collective creative activity allows each student to demonstrate and improve their best inclinations and abilities, to grow morally and spiritually.
In order to create a creative team of like-minded people you need:
- To include each student in joint actions (unity of thoughts, actions, will and feelings) to strive for diversified personal development - to develop: cognitive - worldview, emotionally volitional and effective spheres of personality.
- Teach him to overcome difficulties, evaluate what he has done, learning lessons for the future.
- Develop a responsible attitude towards yourself and others.
- Teach him comradely respect, faith in the creative powers of a single team.
In the process of collective creative work, children acquire communication skills, learn to work together, share success and responsibility, develop their communication skills, thus, two important processes take place in CTD: the formation of a cohesive team and the formation of an individual.
Any collective creative activity gives the child the opportunity to:
- realize and develop your abilities;
- expand knowledge about the world around us;
- acquire design skills;
- demonstrate organizational skills;
- strengthen communication skills;
- develop abilities for reflection (analysis and self-analysis);
- master the cultural space.
Collective creative work is an opportunity to show your creative activity, awaken your imagination, learn to work collectively, and show your creative abilities. It is aimed at achieving the goal, finding various solutions, and developing children’s creative abilities. KTD accustoms the team to coordinated actions, accuracy and timeliness, strong discipline, cultivates the strong-willed qualities of the individual, the will to win, perseverance - everything without which success is unthinkable. The presence of these skills is the basis of any fruitful work. Thus, a creative activity has a huge impact on the personality of every child, since it is a way of organizing a bright life, filled with work and play, creativity and camaraderie, dream and joy, and promotes development and education.
KTD stages
The organization of KTD has the following stages:
1. Preliminary work of the team. The emergence of ideas and plans. At this stage, goals and objectives are determined, responsibilities are distributed in preparing the case (event) and those responsible for each area are assigned.
2. Collective planning. You can carry out planning as a whole team, or you can divide children into proactive creative groups. Each group draws up its own plan and makes a proposal during a general discussion. As a result, a common opinion of the entire team is formed.
3. Collective training. Creation of a creative group. The task of this group is to collect and organize the entire event, game program, etc., involving all team members in the work. At this stage, the development and writing of the script, distribution of roles, preparation and production of costumes, props, selection of musical accompaniment and design of the event as a whole takes place. For productive work, it is best to divide the entire team into small groups and give them a specific task to prepare individual sections (blocks) of the event. Members of the creative team can be assigned or joined at will. A creative group is created only for the period of this event, after which it disbands, which ensures a change of roles and a fresh look at a new creative endeavor.
4. Carrying out technical testing. Here it is important to gather all the participants before the start of the event, once again discuss the action plan, calm them down, put them in a creative mood and charge them with positive emotions. “And we are together!” At the end of the event, a group photo is required as a souvenir to consolidate the impressions, for the program participants, for the spectators - direct participants in the joint action.
5. Collective summing up. At the end of the event, without delay, the teacher gathers all participants in the action and conducts an analytical analysis of the work done (you can use video material) to identify errors and sum up the results.
6. Summing up and long-term planning. At this stage, in a solemn informal atmosphere, awards and diplomas are presented, and a plan of creative affairs for the next year is drawn up.
Thus, the formation of behavioral skills, interaction skills, moral and social development are ensured by the involvement of the entire team in constant and varied creative activities.
Main types of KTD
The significance of each CTD lies in the fact that it requires a general search, gives children scope for imagination, develops creative thinking, and promotes further self-realization and personal development. Therefore, in each of these cases there is a flexible form and rich, varied content.
- Labor KTD.
The purpose of organizing the activity: to enrich the children’s knowledge about the world around them, to develop views on work, to cultivate the desire to contribute to the improvement of reality, to take care of near and far people, to work independently and creatively for benefit and joy (the “Plant a Tree” campaign, community work days - cleaning territory, preparing classrooms for the next academic year).
- Cognitive CTD.
The purpose of organizing activities is to form the needs for cognition. Cognitive CTD have the richest opportunities for developing in schoolchildren such personality qualities as the desire to understand the unknown, purposefulness, perseverance, observation and curiosity, inquisitiveness of mind, creative imagination, comradely caring, spiritual generosity (workshops, master classes and open lessons on DPI and Fine Arts) thematic excursions, intellectual game programs, quizzes on knowledge of road signs and rules traffic, literary meetings “Literary Environment”).
- Artistic KTD.
The purpose of organizing the activity: to develop the artistic and aesthetic tastes of children and adults, to cultivate receptivity, nobility of soul, to enrich inner world people (puppet and game shows, theatrical performances, thematic concerts in the amateur arts department, theatrical skits, literary and musical compositions and poetry evenings, exhibitions of artists and craftsmen).
- Sports KTD.
The purpose of organizing activities is to develop agility, endurance, resourcefulness and perseverance, courage and courage, collectivism and discipline (“Fun Starts”, relay races, collective races, chess tournaments, quests, Health Day, etc.).
- Socio-political KTD.
The purpose of organizing activities: to educate civic attitude to your family, school, big and small homeland; expand and deepen your knowledge about the history and culture of your country, learn to see and understand the beauty of life (“First-Grader Day”, festive events dedicated to City and District Day, events and concert “International Day of Older Persons”, New Year's celebration, master class making New Year's souvenir for children from large and low-income families: a charity event for orphans “Fulfill a Visible Dream”, poster and drawing competitions “A World Without Terror”, a concert for Defender of the Fatherland Day and International Women’s Day on March 8, a concert dedicated to summing up the results of the single voting day “My destiny is in the fate of Russia”, a rally in support of victims of the terrorist attack in the St. Petersburg metro, rallies of youth activists, actions for Victory Day, concerts for WWII veterans, home front workers, concerts on “International Children’s Day”, “Independence Day”, festival of children's patriotic songs, the "Let's Warm Children's Hearts" campaign, the charity concert "From Heart to Heart" and many others. etc.).
- Organizational KTD.
Any practical matter becomes collective and creative only in living, joint and organized activity. Each collective creative activity can take from a few minutes to several weeks, depending on the goals, nature and composition of the participants. (Birthday, team birthday, parent meetings, joint trips to competitions and festivals, waste paper collection).
- Environmental KTD.
Nature is a child's best teacher. Introducing children to the natural world, including children in environmental care for the living world of nature is the task of the teacher. It is necessary to teach children to “see the Earth”, to help native nature, realize its meaning, feel the beauty native land. Environmental KTD: competition of creative works “The Earth is ours” common Home", the "Junk Art" campaign, crafts made from recycled materials, the exhibition-competition "Our bouquet for our beloved city", environmental performances and photo exhibitions).
- Leisure KTD.
Many forms of CTD listed above are directly related to children's leisure time. And educational, and labor, and sports, and artistic and environmental. Everything that children do for their own pleasure, voluntarily, is their leisure activity. And yet there are special games, children's fun, undertakings, fun, which are collective creative activities. Their role is invaluable. They are an effective sphere of self-education, because all the “external” demands that adults make of them, they make of themselves. These CTDs carry a charge of fun, vivacity, and joy, which already makes them pedagogically valuable. Children's leisure should be a full-fledged activity, equal to all others.
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| actors of the New Year's play "The Tale of the Magic Mirror" | ||||||
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| Performance on the Prevention of Child Road Traffic Injuries |
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| fragment of the play "The Capricious Princess or the Search for Happiness" based on the fairy tales of G.Kh. Andersen "The Swineherd and the Talisman" |
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| Maslenitsa festivities "Alyoshka, Timoshka and Maslenitsa" |
| website 2011 | |
Collective management of copyright and related rights is intended to more effectively implement and protect intellectual rights. This is achieved by empowering specially created organizations to issue licenses, collect fees and bring claims on behalf of authors, who in turn can focus on creativity. In this article we will understand the essence of collective management, the peculiarities of the work of this system in Russia, its advantages and disadvantages, as well as the reasons for criticism of organizations for collective management of copyright and related rights.
1. Collective copyright management: concept.
The idea of joining forces in order to effectively protect copyright dates back to the 19th century, when unions of authors began to appear aimed at defending their legitimate interests, and not just for the purpose of creative communication. From history there is a case in France when several authors refused to pay in the restaurant in which they performed their musical works without payment of royalties. However, the first unions of authors of the 19th century. have little in common with modern organizations on the collective management of copyrights, since the burden of protection and implementation still rested with the authors themselves.
Collective management of copyrights in the modern sense appears only when between by different persons there is a division of functions for the creation of works and for the implementation and protection of rights to them. The first is the task of authors and performers, the second is the task of specially created organizations, which, in essence, act as professional intermediaries between authors and users (concert organizers, owners of cafes, restaurants, clubs, shopping centers etc.). The following definition can be given:
This is the implementation and protection of copyright and related rights by specially created organizations authorized to act in the interests of authors and copyright holders in relations with third parties - users. The main functions of this institute intellectual property:
- overcoming difficulties personal protection intellectual rights by vesting appropriate powers in a professional organization;
- facilitating fair use and copyright rights by concentrating them in the hands of large organizations, making it easier for users to find a person authorized to license the use of such objects;
- the ability to allow in legislation the use of works, performances and phonograms without the permission of copyright holders, but with the payment of remuneration to them, and to effectively organize the collection of such remuneration.
Below is a general outline of how collective management of copyright and related rights works.
Thus, the main goal of collective management is to optimally connect copyright holders and users and reduce their legal and administrative costs in the process of using intellectual property.
In accordance with clause 1 of Article 1242 of the Civil Code of the Russian Federation, only membership-based (corporate) non-profit legal entities can be organizations for the collective management of copyright and related rights. As a rule, such organizations are created in legal form public organization, although the option of associations (unions) is not excluded, including non-profit partnerships. At the same time, changes to legislation are being actively discussed that will allow the creation of organizations in the form of commercial legal entities.
The most famous Russian organizations collective management of copyrights: Professional Union of Cultural Workers "Russian Authors' Society" (RAO), Society for Collective Management of Related Rights "All-Russian Intellectual Property Organization" (WIPO) and " Russian Union Copyright Holders" (RSP).
In the activities of collective management organizations, 3 main stages can be distinguished:
A) Acquiring powers to manage copyright and related rights. Powers can be acquired on the basis of an agreement with the copyright holder and on the basis of state accreditation. In this case, an agreement on the transfer of management powers is mandatory for the organization to conclude, regardless of whether the copyright holder is its member. An agreement on the transfer of powers in accordance with the practice of the Intellectual Property Rights Court is not a type of agreement for trust management of property. State accreditation allows collective management of copyright and related rights even for those objects that are not transferred by the copyright holders, and in each of the 6 areas listed in paragraph 1 of Article 1244 of the Civil Code of the Russian Federation, only one organization for collective management of copyrights can receive state accreditation.
B) Exercise and protection of copyright and related rights. The exercise of intellectual rights transferred to collective management involves concluding agreements with users and collecting remuneration from them. Depending on the object of copyright and the method of use, collective copyright management organizations conclude either a simple (non-exclusive) license or agreements on the payment of remuneration that are not specified in the Civil Code. The second option applies only to cases where the use of intellectual property is permitted without the permission of the copyright holder, but with the payment of remuneration to him (for example, clause 1 of Article 1326 of the Civil Code allows the public performance of phonograms published for commercial purposes).
In cases where a third party has used a controlled work without concluding a license agreement, it is possible by filing a claim in court on a collective basis by a rights management organization on its own behalf or on behalf of the copyright holder. Moreover, in any case, such a claim is brought in the interests of the copyright holder, so he can, if desired, enter into the process.
IN) Payment of remuneration to authors and copyright holders. The amounts collected from users are subject to transfer to authors and copyright holders, minus the costs of the collective copyright management organization (a kind of commission). The size of such a commission is regulated by the local documents of the organization and, as a rule, neither users nor copyright holders can influence it. In addition, in practice, organizations cannot always reliably identify the copyright holder and pay him remuneration, which especially often happens with foreign copyright holders. Because of this, the collective management of copyrights based on state accreditation has come under serious criticism.
3. International legal regulation of collective management.
To date, there are no universal international treaties regulating the collective management of copyright and related rights. touches on more general issues of intellectual property protection and mainly establishes minimum requirements for the duration of copyright and related rights and the list of protected objects.
However, for Russia, an important provision is enshrined in the Protocol on the accession of the Russian Federation to the Marrakesh Agreement establishing the World Trade Organization of April 15, 1994. One of the conditions for Russia’s accession to the WTO was the abolition of non-contractual collective management, that is, management on the basis of state accreditation without obtaining powers directly from the copyright holder. The cancellation request must have been complied with by January 1, 2013, but contractless copyright management is currently in effect.
4. Disadvantages of collective copyright management.
The activities of collective copyright management organizations, especially those that have government accreditation, are often criticized. What are the main complaints?
Firstly, the procedure for distributing royalties between copyright holders. Clause 5 of Article 1244 of the Civil Code imposes on accredited organizations the obligation to take only reasonable and sufficient measures to identify persons entitled to remuneration. In fact, finding the copyright holder until he declares himself is more difficult than collecting remuneration from users, as a result of which the difference between the collected and distributed remuneration can amount to hundreds of millions of rubles, which remain in the accounts of collective management organizations. By the way, reports on the results of remuneration distribution are available on the official websites of organizations.
Secondly, the inequality of bargaining power between large organizations for the collective management of copyright and related rights and between authors and users. As a result, authors effectively cannot influence the size of the organization's commission, and users cannot influence the commission rates for use. It turns out interesting situation, when the intermediary dictates terms to the persons in whose interests he acts.
Thirdly, state accreditation leads to the emergence of a legal monopoly, because There can be only one accredited organization in each area of government. Of course, other organizations can be created, but they cannot seriously compete with accredited ones, because are forced to fight for every copyright holder when, as an accredited organization, they manage intellectual rights by default.
Fourth, the activities of leading activist organizations do not always create a positive reputation for collective copyright management. Suffice it to recall the draft law, the main goal of which was to create a new sphere of state accreditation, but which contradicts the basic provisions of copyright law, incl. international copyright law, it was obvious.
In my opinion, collective copyright management in Russia needs reform by completely eliminating state accreditation and non-contractual management. Historically, non-contractual management has played a positive role in the protection of copyright and related rights, but now its shortcomings create fertile ground for abuse and unjust enrichment.
In repair production, both individual and collective forms of labor organization for workers are used. In the collective organization of labor, repair workers are united into specialized or complex teams. The latter are often created in shops for complex repairs of technological lines, workshops, and production facilities.
In recent years, collective organization and wages have become increasingly common. About 65% of industry workers are organized into teams. In a brigade organization of labor, a collective wage system is used. Its peculiarity is that wages are accrued to the entire team and distributed among workers in accordance with their qualifications in proportion to the time worked, taking into account (KTU) of each. The size of the KTU of each worker determines general meeting brigades, and in large brigades - its council.
Construction by collective organizations, intermediate consumption amounted to 72% of the cost of construction and installation work, 61.5% of the cost of other capital works and expenses, 70% of the cost of major repairs.
Construction by the population, the share of intermediate consumption is equal to the share of intermediate consumption in the gross output of collective organizations.
The fundamental issue of the collective organization of labor in a company is mastery of economic management methods, which, in relation to the management of an organization, represent a set of economic levers with the help of which an effect is achieved that satisfies the requirements of the team in general and the individual in particular. In other words, the set goal is achieved by influencing the economic interests of the managed object.
The motivation policy in the context of the development of collective labor organization (tenant teams, joint-stock companies, etc.) and the involvement of all employees in management is aimed at developing cooperation between staff and administration to achieve common goals. This encourages management workers to look for new forms of management, develop potential abilities, work effectively, and be creative in the work process.
If the decision to sell made by an investor belonging to a given group of size s was independent of the decisions of all other investors in the same group, then the probability that such a group of size s will become active in a unit time interval will be proportional to the number s of investors in that group. However, by the definition of a group, investors belonging to this group interact with each other. Therefore, an investor's decision to sell is likely to be quite strongly related to other investors in the same group. Hence, the probability per unit time that a particular group of s investors becomes active is a function of the number s of investors belonging to that group and all interactions between these investors. It is clear that the maximum number of interactions within a group is s x (s-l)/2, that is, for a large value of s it becomes proportional to the square of the number of investors in a given group. This happens when each investor talks to each of his s-1 colleagues. The Vz multiplier accounts for the fact that investor Ann talks to investor Paul, then Paul talks to Ann, and their double interaction can only be counted once. Of course, one can imagine more difficult situation, when Paul listens to Anne, but Anne doesn't reciprocate, but it doesn't change the outcome. Despite these difficulties, it can be seen that the probability h(t)kt per unit time /V that a group s of investors becomes active should be a function growing with group size s faster than s but perhaps slower than the maximum number of interactions, (proportional to s). A simple parameterization is to take h(t) Af to be proportional to the group size s raised to a power a greater than 1 but less than 2. This power a captures the collective organization within a group of size s, due to the multiple interactions between investors. It is deeply related to the concept of fractal dimensions, which will be discussed in Chapter 6.
State monopoly (complete seizure) of property received such theoretical justification. Ownership of the decisive means of production ended up in the hands of the state because it allegedly corresponds to the collective organization of labor, the social nature of production and national appropriation. The entire national economy was often depicted as one huge factory, where each worker is just a cog occupying its rightful place in the state economic mechanism.
In the collective organization of labor, the procedure for calculating wages depends primarily on the form of payment.
Our country has accumulated significant experience in collective labor organization based on the allocation of production teams, i.e. teams that unite workers who perform a common task and are jointly responsible for the results.
With the widespread introduction of new automatic technology, increasing requirements for product quality, and improving industrial relations, the collective organization of labor becomes more efficient.
Consequently, the task is not only to expand the use of collective labor organization, but also to further develop all elements of NOT.
Part 2 art. 102 of the Labor Code indicates the need to apply enlarged and complex standards in conditions of collective organization and remuneration.
At present, there has definitely been a tendency for the importance of the primary team to increase as the main production unit (it is enough to refer to the positive experience of collective labor organization). This further increases the importance of managing socio-psychological adaptation. Observations indicate that if socio-psychological adaptation is not completed, then relationships between team members are deformed, which negatively affects the joint implementation of production tasks, activity in management, work conscientiousness, etc.
Last years brought a lot of new things into this historical experience; wide possibilities for using collective organization of labor in a wide variety of conditions emerged. Currently, it is widely used in enterprises of many industries.
At the same time, the team of authors sought to reflect the existing certain differences in the approach to the problem. Thus, the introduction of brigade labor organization in the People's Republic of Belarus proceeded at a slightly higher pace than in the USSR; the brigades themselves were often larger in number, and in some cases, collective organization and remuneration covered entire divisions of enterprises (for example, workshops) from the very beginning. The forms used for planning the work of teams, remuneration, etc. also differ. In the USSR, the tasks of managing a brigade organization are set somewhat more broadly, scientific research is being carried out more actively on all different aspects, the regulatory and methodological base is more developed, and the training of specialists in the basics of a brigade organization is more developed.
Based on the data presented, we can conclude that at the initial level of development of the brigade organization of labor, production management in the brigade does not undergo significant changes and is carried out mainly by the foreman. As the brigades become saturated with progressive elements of collective labor organization and their socio-economic maturity grows, the managerial activities of the brigadiers expand significantly.
The principles for choosing optimal forms of team labor organization are substantiated and the significance of the development of collective labor organization in conditions of self-financing of enterprises is revealed.
General features, characteristic of two other types of internal cost accounting, namely for collective and rental contracting, are, firstly, the collective organization of labor with payment based on the final result, and secondly, the conclusion of an agreement between the department staff and the administration of the enterprise, clearly regulating
Under the conditions of this form, earnings are accrued in accordance with the results of the work of the entire team and distributed among its members in accordance with the tariff category and the work performed by each member of the team, taking into account the labor participation coefficient (LFC). This form of collective organization and remuneration in modern conditions is becoming widespread.
The organizing role in the development of socialist economic integration is played by the Council for Mutual Economic Assistance - the first in history voluntary collective organization of socialist countries, created in 1949. Currently, CMEA unites the socialist countries of Europe, Asia and America - Bulgaria, Hungary, Vietnam, East Germany, Cuba , Mongolia, Poland, Romania, USSR, Czechoslovakia. Yugoslavia and a number of other socialist and non-socialist states cooperate with CMEA in one form or another. It is not separated from other states by any barriers, but it also does not impose its integration policy on anyone.
Collective labor organization, as already noted, is one of the most progressive forms of placement and use of personnel in an enterprise. It is she who is most appropriate
If />1, then this indicates positive changes in in this direction. However, it is necessary to check whether all the possibilities of the brigade form of labor organization have been used. At / comprehensive analysis effectiveness of collective labor organization.
Assessing the coverage of workers by a collective labor organization and its effectiveness.
In the conditions of scientific and technological revolution, the increase in the share of machine-automatic work and the concentration of technological processes in industry, their indivisible nature, necessitates comprehensive maintenance of equipment. The narrowly functional division of labor does not ensure efficient operation of the equipment and leads to loss of working time for performers. There is a need to use collective labor and, consequently, collective labor organization (45).
Forms of labor organization are its varieties, differing from each other in the features of resolving issues regarding individual elements of labor organization. Forms are determined by formative features; there are several such features.
Based on the methods of establishing planned targets and recording the work performed, individual and collective (joint) forms of labor organization are distinguished. Individual is a form of labor organization in which the production task, accounting of work performed and payroll at the enterprise are carried out personally for each employee.
Collective (joint) is a form of labor organization in which the production task is set as a whole for any division of the enterprise, the work performed is accounted for based on the final results of the work of the workers of this division, wages are also initially accrued to the entire division, and only then is it divided among workers .
Collective forms of labor organization, in turn, also have varieties:
- 1. Depending on the location of the unit in the management hierarchy at the enterprise, collective forms of labor organization can be unit, brigade, district, etc. (by type of unit);
- 2. Based on the level of specialization, specialized and complex units are distinguished. The former unite workers of the same profession, the latter - workers of different professions;
- 3. Depending on the method of division and cooperation of labor in complex divisions, divisions are distinguished: with complete division of labor, when each employee is engaged only in performing work strictly in his specialty and at one workplace;
- - partial interchangeability, when workers have two or more professions (specialties) and can perform work not only in their main profession (specialty), but also in a combined or combined one;
- - complete interchangeability, when each employee of a unit (unit, group, brigade, etc.) can work at any workplace in this unit, and also change jobs according to a pre-planned scheme with other employees of the unit;
- 4. According to the methods of planning and accounting for the costs of performing work, divisions can be self-supporting, with elements of self-financing and without self-financing. Self-supporting units are those that keep records of the costs of raw materials, materials, semi-finished products, energy, and labor when fulfilling planned targets;
- 5. Depending on the method of management, divisions are distinguished:
- - with complete self-government, when a production task is set for a unit, and all other issues of organizing production, labor and management are decided by the primary team itself, for example, the foreman and the brigade council;
- - with partial self-government, when part of the management functions is centralized, and the other part is delegated to a unit;
- - without self-government, with centralized department management.
All of the above and other forms of labor organization and their varieties are interconnected in various combinations, for example, a brigade form of labor organization with complete interchangeability of workers and with the distribution of collective earnings using the labor participation coefficient (CLU), etc.
One of the most common forms of labor organization is the brigade with its varieties. The greatest opportunities for solving economic and social problems have complex units (teams) with complete interchangeability.
In such divisions it is possible to organize work with alternating labor, i.e., with alternating work according to different professions, or with the performance of work sequentially at different workplaces, each of which has its own set of production operations. This measure is especially effective in jobs with a lot of monotony.
During the transition from individual forms of labor organization to collective ones, a direct connection between isolated individual workers is formed on the basis of the unification of primary labor collectives new type.
The result of such unification is a radical change in the content and organization of labor.
Collective work, when properly organized, contributes to the fullest use of equipment, material and labor resources, and improves the quality of products.
Noting the advantages of the collective organization of labor, K. Marx wrote that the number of workers united in collectives “... is always less than the number of those workers who, working alone, would produce the same work during the same time.”
The expansion of the scope of collective labor is influenced not only by scientific and technological progress, but also by objective requirements for creating collective interest in improving the final results of production. In all levels of production (regardless of the degree of mechanization), where a large number of workers are involved in the manufacture of the same product, it is practically advisable to carry out both the organization of labor and its stimulation on a collective basis. In these conditions, assessment of labor results individual workers becomes either insufficient or simply impossible. Collective forms of labor organization have potential efficiency, but this does not mean that any transition from individual organization labor to the collective will certainly guarantee the effect.