A Study On Compulsory License System In Copyright Law

Since reform and opening-up, China has achieved successes in copyright protection that have attracted worldwide attention. However, copyright protection must have a reasonable limit. In order to prevent the misuse of the copyright, exercise of the copyright must be control by corresponding legal. Our current copyright law has established intelligent use system and statutory license system. But have not made the corresponding provisions for compulsory licensing. Had to say this is China's copyright system's flaw. It doesn't fully and completely reflect the purpose of the copyright system. This paper started from the type of copyright abuse. Author discusses views about copyright compulsory license system's concept, characteristic, legal basis, value and so on. Introduce the present situation of the foreign compulsory license system. Analysis the necessity for provisions this system clearly in our country's copyright legislation. So to explain clearly about the conception of China's copyright compulsory licensing. Give some suggestions about how to improve copyright legislation in our laws and regulations system. This paper is divided into four parts (except introduction and epilogue), expound this problem systematically.The first part is about the basic theory of copyright abuse. This paper started from the concept of copyright abuse. To establishment of its legal definition, and introduces the components and main types of copyright abuse. Expound the significance of Regulation abuse of copyright. This part foreshadows the compulsory license system in later.The second part introduces the copyright compulsory licensing system. To establishment of the copyright compulsory licensing system firstly, and then compared with the intelligent use system and statutory license system. Analyze its legal basis on this basis.The third part examines the overseas compulsory license system. Firstly, expounded the relevant provisions of international conventions, and analyze the provisions of the convention. And then take several developed countries as examples, introduce the compulsory licensing system of common law countries and the civil law countries, and analyze the foreign legislation.The fourth part describes the present situation of the compulsory license system, give some suggestions. Explained necessity of implementation compulsory licensing system in our country's Copyright Law from the angle of the need of our country's history and practical necessity. Then make an outline of perfect compulsory licensing system in our country. This paper made specific recommendations about how to perfect compulsory licensing system in our country's Copyright Law from three aspects respectively: legislation, enforcement and judicature. This paper aims to give small devotion to perfect the compulsory licensing system in our country.