On Sound Recoding Product Statutory License

Statutory license is one of most important system in copyright law; it mainlyproposes for protecting the copyright owner’s legal right on that basis also encourages theusage and spread of the works to realize the Personal interest and the social interestwin-win situation. The meaning of Sound Recoding product Statutory License set in thecopyright law also in here. The legislative purposes for guaranteeing the copyright owner’sinterest on the basis that prevents the monopoly by the agreement between the copyrightowner and recoding companyBut from the law of the sound recoding product statutory license to see, there are severdisputes about the condition and some specific problems of statutory license in theacademic circles, these disputes in the judicial field is the judgment not consistent, itimpacts the consistency and authority of court. This article set out from the law, authoranalyzes the law, origin and the legislative purposes. With reference to the relevantprovisions of the other countries and with China’s judicial examples to analyze thesedisputes, and provide reasonable suggestions to perfect it.This thesis is divided into four chapters:The first chapter is the overview of sound recoding product statutory license. Thecopyright law says that the legislative purposes of “Sound Recoding product” to preventthe monopoly agreement make by the copyright owner and the recoding company andreducing the price of recoding to promote the spread of music works. And analyze theproduction process and the purpose of legislation of the sound recoding product statutorylicense to understand the basic constitutive requirement of statutory license, including thelegal subject is the recoding producer, the subject matter is music work and the essentialattributes of the statutory license on the condition that restrict the right of copyrighter toprotecting the right of remuneration of copyrighter. The second chapter is the defect of sound recoding product statutory license in ourcountry.this chapter mainly on the basis of the legislative purposes of sound recodingproduct statutory license to research the controversy in constitutive requirement of statutorylicense for mending the copyright law under paragraph3of article40.the premise of thesound recoding product statutory license is not only include production but also issue. Afterapply to this law, the consequence not only include product but also issue. And before applyto the statutory license the law should stipulate the time limit. The law about “but” only inour country doesn’t accord with the legislative purposes,it should delete when amend thelaw.The third chapter is the real problems in practice of the sound recoding productstatutory license except the theory dispute.the way of the sound recoding product statutorylicense not only include hire singer, band to record the music works again. But also includewith the consent of the performers and recording producers, reproduction of soundrecording. The stipulate of remuneration of the sound recoding product statutory license isnot scientific, including the standard of remuneration, the system of remuneration. Soauthor suggest that the law should explicit the standard and procedure of remuneration toprotect the remuneration of the copyright owners. And following the development of thenetwork techniques, the new problem come out. The new problems refers to some songspublic by network And it should not apply to statutory license.The fourth chapter is the suggestion about the problem exists in the sound recodingproduct statutory license. Author presents the suggestion according to summarize theproblems and analysis conclusion mentioned on above about the concept of the soundrecoding product statutory license in the copyright law under paragraph3of article40.thespecific changes in the production of a sound recording covers legal license for the premise,the consequences and style and etc. meantime, author presents some amend way about howto better protect the copyright owner the right to remuneration.