A Study On The Statutory Licensing System Of Copyright

The statutory licensing system is an important system of the copyright restriction.In accordance with the provisions of the law directly,it restricts license of the copyright holders. The nature of this system is a way of copyright restriction.The statutory licensing system is conducive to balance the interests of the copyright holder,disseminators and users,and it is also conducive to promote the development of the scientific culture,so studying on the statutory licensing system is very significant.The development of scientific technology brings the impact and challenges to the statutory licensing system.But at the same time,it brings a unique opportunity for the development of the statutory licensing system.There have been some explicit provisions about the statutory licensing system in Chinese Copyright Law.However, the deficiencies still exist in legislation and judicial practice of the statutory licensing system, so that the system has not met the needs of social development.Facing the opportunities and challenges,I think that the statutory licensing system should,be perfected according to the actual situation in order to make the system steady and develop.This article by adopting scientific methods of comparative analysis and historical analysis,analyses the statutory licensing system deeply in theory.In other words,from the point of view of economics, philosophy of law and sociology,it evaluates the statutory licensing system.This article also has a comparative study of the statutory licensing system of countries and discusses the deficiencies and perfection of the system.In the end,this article advances some corresponding legislative proposals by consulting on successful foreign legislative experience and judicial practice with a view to improve the system daily.