On The Compulsory License System On Copyright

The copyright system promotes cultural innovation and circulationof information through protection of author’s personal right and propertyright on his works of science, literature or act, which finally proceedseconomic growth, public welfare and thought progress.Copyright Lawin China simply ruled two kinds of limit system：the fair use and statutorylicense use, compelled utilization is not included.The theoretical compulsory license system is a kind ofnon-voluntary licensing system, which means that the use right isauthorized due to the application to the state copyright administrativedepartment from the applicant or user rather than the author’s permissionunder some specific situations.With the development of society and the lead of market economy, the obligee probably tends to exclude others’ use of the works by hismonopoly on copyright to maximize his own interests. In this respect,this may weaken Copyright law’s aim to promote social message’s spreadand circulation, as well as the prosperity of cultural industries. However,the establishment of the theoretical compulsory license system revealslegislation’s change from individual standard to social standard, whichcan effectively diminish monopoly’s negative effects while smooth thebenefits between society and individual. This passage is divided into fourchapters to elaborate the theoretical compulsory license system andsuggestion for improvement.Chapter one generally introduces related concepts, features, andhistorical development of the theoretical compulsory license system, italso includes the comparison of legal permission and some simplethoughts of jurisprudence, which aims to find out basic principles,foreshadowing for following chapters. However, errors may exist as the writer lack of enough knowledge of jurisprudence.Chapter two tries to introduce the theoretical compulsory licensesystem in Nepalese Convention and Universal copyright convention,generalize related legislation in different countries that chapter three canuse for reference.Chapter thee points out the present situation and problems existed inour country, and lists some suggestions on the applicable conditions, areaof application and validity of law under the necessity and practicability ofthe theoretical compulsory license system. Please forgive the writer’smistakes and immature discussion, I will keep studying to make it better.