Research On Perfection Of Statutory Licensing System Of Copyright Law Under Network Environment

The statutory licensing system is the generally adopted legal system of the modern copyright restriction. In accordance with the provisions of the law directly, it restricts license of the copyright holders. The statutory licensing system is to encourage and promote the development of the scientific culture, conducive to balance the interests of the copyright holder, disseminators and users, the essence lies in taking certain rights of copyright relegated to a kind of right of gaining the a reasonable fee.Although existing copyright laws has specified the statutory licensing system, with the rapid development of the digital technology and network communication, the promulgating exoterica expanding rapidly, the demand of copyright licencing increasing by orders of magnitude. The conflict between the growth of copyright licencing demand and the limitations of existing licensing modele under current legal framework caused a large number of users need to negotiate about copyright licencing with a great number of copyright holders, forms a giant gap between the copyright licencing demand and the supplies. How to solve the mass copyright license issuance under network enviroment becomes the urgent and impending problem.From a comparative study of the statutory licensing system of different countries, consulting on successful foreign legislative experience and judicial practice, combining related international convention and foreign legislation experience,analysing the insufficiency of existing copyright licensing system, the author suggests construct the legal permission protocols through the legal regulation to solve the mass copyright license issuance problem. The statutory licensing system can be used to by copyright collective management organizations,.With regard to mass copyright license issuance, the author suggests to develop law and regulation to permit the copyright collective management organizations which representing copyright holders and digital libraries owner or operator to sign copyright licensing contract,.By this means, it can encourage and promote distribution of culture works, and it can preserve the legitimate interests of the disseminators and users, improve the network cultural transmission developing healthily and prosperously.