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A Study On The Legal Permission System Of Copyright In China

Posted on:2016-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:X Q LiFull Text:PDF
GTID:2206330479978932Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Copyright statutory license refers to the system that one can use the works of others’ in a specific way without legal permission from copyright owners, but he/she shall pay remuneration to the copyright owner. The statutory license, a widely adopted in copyright law all over the world, is an important part of the copyright law restriction system, together with fair use and compulsory license.Copyright statutory licenses, the uniquely-designed system can guarantee reasonable compensation to copyright owners while limiting copyright owners’ right, which is also acceptable for copyright owners, for it causes less damage than fair use. Compared with major countries’ copyright statutory license system, the applicable scope of China’s copyright statutory license system meets the actual situation in China as a whole. But with the development of science and technology especially the development of communication technology, the popularization of mass personal copy and digital network technology cause certain impact to China’s statutory license system, meanwhile as the payment system, dispute settlement mechanism and the system of collective management of copyright are not mature, copyright statutory license system does not achieve its due effect. Properly expanding the applicable scope of the current statutory license system and establishing corresponding implementation mechanism are two important approaches to perfect statutory license system and promote the spread of knowledge.
Keywords/Search Tags:copyright law, statutory license, interests balance
PDF Full Text Request
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