On The Statutory Licensing System Of Copyright

The statutory licensing system is an important system of the copyright restriction, it is based on the provisions of the law directly, but to pay the corresponding compensation without the consent of copyright owner and related. The statutory licensing system is conducive to the protection of the interests of copyright holders, safeguard the public to know information, and meanwhile, it is conducive to balance the interests of the copyright holders, disseminators and users, also conducive to promote the development of the scientific culture and human civilization, so studying on the statutory licensing system is very significant.The development of internet and scientific technology brings the impact and challenges to the statutory licensing system. Any previous technology can not follow the steps of network, but because of the virtual, uncertainty and other factors, it brings new challenges to the copyright holders to protect their rights. The current " Copyright Law " and " Regulation on the Protection of the Right to Network Dissemination of Information " of our country are both provide this system, however, in practice, the shortcomings have been appeared, it can not adapt to the social development and the universal of network. And the related security system is imperfect, also makes it drop behind. In order to solve these problems, I think that the statutory licensing system should learn from the experience of relevant countries and be perfected according to the actual situation to make the system steady and develop, reflect the true sense of the protection of copyright holders and the balance of interests.The text is comprised by five parts, first expounded the meaning and characteristics of the statutory licensing system and the differences with other related systems, second, from the point of view of philosophy, economics and sociology to proof its legitimacy and rationality, and then, adopting scientific methods of comparative analysis,analyses this system of major countries, international treaty and our country, so on the base of the development in China today, this text advances some suggestions to perfect the statutory licensing system, first, expand the scope of statutory licenses, that means apply to the P2P and the digital library, and second, improve the system of the copyright holders'statement, third, improve the compensation system, and last, eliminate the differences with "Berne Convention", for the purpose of solve the problems in judicial practice and adapt to the needs of social development, so to promoting scientific and technological progress and developing human civilization.