The Comparative Study Of Copyright’s Statutory System Between China And The United States

Statutory license system, which is an important part of the copyrightlimitation, refers to a system in which people pay the copyright ownerdirectly according to law and use published works in certain wayswithout permission. Statutory license establishes a harmonious balanceamong the copyright owner, the licensees and the public interest. On onehand it protects copyright owner and inspires cultural innovation, on theother hand it maintains the rights of the public’s access to the information.The intellectual property rights’ restriction system originates from theUnite States and this system is mature, full and detailed in the UnitedStates. Both the Unite State and China’s intellectual property rights’restriction systems are discussed in the article for comparison intheoretical and practical significance. Statutory license system in Chinahas been established in few years with Chinese characteristics such as reprint by periodicals and authors’ retained right. However, it defects inthe range of legal permission, the remuneration standard and thecompensation program, especially how to deal with the problem underthe internet. This article discusses the intellectual property rights’restriction system and the practical procedure in the United States, at thesame time, makes the comparison of the similarities and differences ofstatutory license systems under different legal systems, proposesimprovement suggestions and contributes to improvement of statutorylicense system in our country.