Study On The Compulsory Licensing System Of The Copyright

In Heck's opinion, law comes from the struggle of interests. The primal task is to balance interests that originated in law against the interests of the struggle of the highest task is to balance interests. When the Copyright Law endowed the copyright owner's right to overrun the original intention and limit the spread of knowledge and information, it is necessary to restrict it to keep balance between owner's monopoly interests and public interests—Compulsory License has emerged. About compulsory license, at special condition, the governor authorizes the applicants who apply the especial use of works that have been published. It is an"involuntary license system, one which accord reasonable restriction to the special use of copyright owners to meet the needs of social development. All of reasonable use,legal license and compulsory license are involuntary license system, while each one has their respective function. The function of compulsory license is to protect copyright owner's economic right by compulsive license which could give them some restriction, to ensure the public get to works and use them, to accelerate the development of economic,politic,science and culture.The relationship between law and economic is the most fundamental. It restricts law itself as well as its contact with other phenomena. Law progresses continually under the influence of the economic development. The new technological revolution is not only the accelerator of the economic development, but also a catalyst of the modernization of the law. Especially, the development of information technology brought about the economic and cultural development of globalization that made regional of the copyright weakened and the object expanded, and so on. It is the most significant impact on making a cross between the culture and business field. The copyright's cultural identity is penetrated a technical nature and characteristics of industries. The trend of the industrialization has become more evident. Development of industrialization brought the tremendous economic benefits that made the probability the copyright owner controlled and manipulated cultural market aggrandized. Thus copyright owner's monopoly right must be restricted. The relationship between law and economic is the most fundamental. But, in a theoretical point of view, a legal system come into being and exists where the key is interests and values-driven demand. As the regulator of social relations, the law must reflect the social development and maintain the balance the respective interests, to achieve the justice and order needs of the social mainstream values.Although the copyright compulsory license could promote the development and utilization of works and prevent of monopoly, "Copyright Law" emerged as a law of the protection of the author right. Therefore, about using the compulsory license, we must follow the principle of respect for the rights of the author and the principle of supplement. It is necessary to guarantee the exclusivity of copyright and ensure the works to be used fully.