Reflection And Criticism Concerning The Statutory License Of Reprinting Between The Newspapers And Periodicals

The statutory license of reprinting between newspapers and periodicals is a legal regulation that stipulates: after the publishing in the newspapers and periodicals, the other newspapers and periodicals can reprint the works with an indispensable payment to the copyright owner, provided that the copyright owner declares that the works is forbidden to be reprinted.The gist of this regulation is to make a balance between the rights of the author and the spread science and technology, knowledge and culture equitably and efficiently. It is a specific and characteristic regulation of China with a profound historic foundation in our country. In particular social conditions, the desired premise, it has certainly reasonable. But with the development of the social changes, the system also contains limitations.Through the investigate of the implementation, Facts show that the system is not good to achieve its set goals and also failed to play its due role, the reality was reasonable doubt. Theoretically, the newspaper reproduced a statutory licensing system undermines the interests of copyright law to balance mechanism For reproduced provided the excessive protection and neglected by the author and the first to the protection, and undermine the creative writer, also caused side with the first episode of unfair competition and not conducive to the formation of the newspaper published an orderly market.On basis of the above, the writer puts forward some essential measures for the completion of the newspapers and periodicals reprinting statuary license regulation; The statutory license of reprinting between newspapers and periodicals would be nullified; the copyright collective society represents the rights'owners to give the permission and charge the permission fee through an easier and more convenient procedure.