Copyright Statutory Licenses Are Available For The Network Environment

The development of digital network technology and emergence of internet both have a great impact on the traditional copyright.The rapidity, width and convenience of works spreading on the internet are beyond other technology.The difficulty of digital works' licence is a result of conflict between the numerous needs of internet and limited traditional copyright licence institution,which is paid attention and discussed ardently.For resolving this problem,different solutions are provided both in theory and practice.Besides the digital copyright itself,each licence pattern related system is worth to lucubrate.This dissertation is a systemic research on statutory licence of copyright,which is one of the licence patterns,in aspect of theory,practice and establishment.This dissertation is composed by introduction,text and conclusion. Introduction explains the background,value and method of research.The text is comprised by three parts:Part one:The numeric background of application of statutory licence of copyright.This part comprises two aspects.One is an introduction of statutory licence of copyright,which outline the basic knowledge of this institution.The other brings forward the problems of institution of copyright statutory licence under the digital network circumstance.This part gives priority to introduction,however,author distinguishes and puts forward own point of view as to some basic conceptions.And author also narrates some distinct understanding of related regulations of China.Part two:nomological analysis of application of statutory licence of copyright.This part start with duplicate attribute(private character and common character) of object which is protected by copyright,looking for balance of interest,and have a study on social value,economic value and principles.This part is comprised by three aspects.Firstly,it introduces the duplicate attribute and the mechanism of interest balance.Secondly, demonstrate the rationality of statutory licence from several aspects. Thirdly,insist interest balancing,and discuss the application of interest balance principle in institution of copyright statutory licence.Part three:the establishment of institution of copyright statutory licence under digital network circumstance.Firstly,the conjunction of material pattern of copyright statutory licence and collective management system of copyright.Secondly,narrate several formats of copyright statutory licence.At last briefly discuss the problem of legislation pattern.The last of this dissertation is brief conclusion,which sums up the paper and puts forwards again the author's views.