The Discussion Of Internet Copyright "Statutory License-levy" Mode

Along with the network technology development, the traditional networkcopyright system is facing the stern challenge. Specially in the field of private copyand infringement responsibility of disseminator, the traditional “jurisdiction and theprohibition power” pattern has been already unable to undertake the responsibility tobalance all participators’ benefit and regulate the behavior online. As the explorationof this problem, network statutory license and levy are effective in their areas. Butthere are still lots of limits in them. The “statutory license-levy” mode is a tentativewhich is based on the complementary and commonality between the two systems. Itjoins statutory license and levy together to play a bigger role. After demonstration intheory, this concept has proved the feasibility. And it is proved that “statutorylicense-levy” mode can smooth of interest relations among copyright holders, networkmedia and ordinary users and go out of the dilemma of copyright law in theory andpractice. This mode is a innovative mode that the copyright owner to a non-profitnetwork of its own transmission power and the right to private copying, networkservice providers authorized by the relevant agency to exercise, and the networkservice providers to pay a certain “statutory license-levy” as the price of accessing tothis authorization right price, and the payment of the customers are the compensationof the loss of copyright owners. New type of copyright collective management systemand digital rights management system that meeting the requirements of the digital ageone is an important component of this model. It is verified that “statutorylicense-levy” respond to weakening of intellectual property rights in the digital age trends, reflect the stability and change in the law, embodies the spirit of the balance ofall parties intellectual property law, be able to achieve economic optimum of thetheory principal-agent network and public goods. This mode is to resolve the crisis inan effective response to online copyright. In fact, works in cyberspace have a widerange and level varies and copyright owners and consumers have different needs andlevels. So it is impossible to solve all the problems exist in the network of copyright.Other authorization mode still has its own rationale and specific field of application.In fact, through the licensing model of macro-system point of view, the form of adifferent mandate is to protect the strength of a work force level and spread of thestrength. As an important part of the whole system of “statutory license-levy” only inthis way that defining their own boundaries with other systems, interrelating witheach other, assorting to each other can we realize of the copyright system to promotethe dissemination, protection and value creation objectives. According to the needs of“statutory license-levy” mode, we need to design a comprehensive, multi-level, fair,reasonable network copyright protection system that includes works retrieval system,works using the monitoring system, works compensation, payment systems,distribution systems and other compensation, including the rights of digital rightsmanagement system.