Research On The China Statutory Lisence Of Reprinting & Excerpting Between The Nespapers & Periodicals

It was said that the second section of Art. 32 of China Copyright Law (issued in 1990, revised in 2001) established the Statutory License System of Reprinting & Excerpting between the Newspapers and Periodicals in China. Because of the great difference from international conventions and laws of other countries (states), it has been complained all the time. As the mushroom growth of internet, the reprinting and excerpting of copyright works largely happens on the internet. In order to protect the copyright owners' rights and solve the copyright disputes aroused on the internet, the Statutory License System of Reprinting & Excerpting between the Newspapers and Periodicals of China undergoing a flounder between expanding and restricting during the legislation and justice practice in China.The thesis writes on the basis of the spirit of interests' balance of copyright law, through the historical and comparative studies, deeply investigating the rational and justification of the Statutory License System of Reprinting & Excerpting between the Newspapers and Periodicals, opposing to the directly expanding use of this system on the internet, and putting forward some advices to improve the measures for the protecting of copyright owners' rights in this system.Apart from Introduction and Conclusion, the thesis consists of four parts.The Introduction mainly proposes the disputes and the meaning of this thesis, on a general description of the background.Part one introduces the basic theory of statutory license of copyright, and the legislation all around the world.Part two analyses the essential components of the Statutory License System of Reprinting & Excerpting between the Newspapers and Periodicals of China.Part three investigates the justification of this statutory license system through historical and comparative studies.Part four discusses the expanding usage of this statutory license system on the internet, points out the problems raised in this expanding.Part five gives some advices on improving the measures for the protecting of copyright owners' rights in this system.Then is the conclusion, briefly summarizes the main idea of this thesis.