Study On Statuary License In Copyright

Statutory license in copyright has the following characteristics: First, compared to the system of rational use, the statutory license are more emphasized to protect the interests of the copyright owner; and compared to the compulsory licensing system, it also reduces the tedious procedure. Second, the statutory license system has its own unique value, and the convenience without permission, the standard fixed payment, the simplicity of payment methods and so on, those are fit to need of the tide in the market economy, the rapid use of knowledge products and dissemination. However, Both in theory and in practice, our current system of copyright statutory license has some problem and the Legislation need to perfect urgently.Firstly, the theory that the statutory copyright license is basis on. It has a strong philosophy of law, sociology ethics and economics law. In the philosophy of law, it embodied the statutory licensing system and restricted the freedom of law so as to ensure the public access and cultural heritage. Terms from the sociology of law, statutory licensing system is fit to the principle of reciprocity, distributive justice and corrective justice requirement. Economics from the law, the statutory licensing system reflects the theory of cost-effective, legal supply and demand of the essence of the theory and game theory. From the view of ethical, the rights of copyright is a relatively, the main acts of creation is part of our predecessors in the absorption of labor based on the results of further innovation.Secondly, the system about copyright permission to use of typical national or regional and it's enlightenment. First of all, the provisions of the statutory system are permitted to use in Germany, Japan, the United States, France, Canada, Australia, the Finland and China, Taiwan and Macao. Second, the Enlightenment to us: expand the scope of fair use, and let some of the case into the statutory license; In accordance with international legislation in practice, remove "reserves the right to declare" of the copyright owner; Give the legal permission for religion, for the purpose of training and education The copying, teachers guide book or a book, and private counseling to the purpose of copying into a statutory license in the past.Thirdly, the Evolution and Analysis of our statutory copyright license system. First, the evolution of the statutory license of the copyright system: it stemmed from "the Copyright Law of the Qing," Article 39, the formal provisions of copyright law in 1990, and later was revised in 2001. Second, the analysis of the copyright status of the statutory licensing system. The deficiencies of statutory licensing: the body of mainly related rights, rights protection and accountability.Fourthly, the perfection of our copyright statutory licensing System. Each type has a legal license to discuss in network environment. First, through strengthen the law enforcement, the newspaper reproduced excerpts legal permit system can be solved in practice; make the sound recordings in the works of the type statutory license to relax to the music works and dramatic works, delete the music copyright holders the right to retain the statement; difference radio and television stations to implement the economic strength of the different levels of pay and standards, and strengthening of collective copyright management organizations; to expand the type of teaching, to apply to the entire period of education, type of work will be extended to the use of engineering design or product design drawings its description and maps, sketches and other graphic works, as well as by the foreigners of the protection of copyright law works. Secondly, the use of digital libraries should be a statutory licensing model; expand the scope of orphan works and the use of the work included in the scope of the statutory licenses; use of technical measures should not impede the person's public right of access to work; strengthen the moral rights of copyright holders protection, respect for human rights management information; the National Copyright Administration and local copyright administrations in the establishment of specialized institutions responsible for legal rulings, payment collection, storage and distribution and other functions. Finally, accountability for the legal aspects of licensing: Part of the increase in the civil liability provisions of punitive damages, and increase in administrative responsibility and criminal liability.