Research On The Statutory License Of Sound Recording System

Statutory License of Sound Recording is a legal system about limiting music works’ copyright owner’s exclusive rights for recording, which is widely accepted by international conventions and the laws all over the world. The legislative goal of Statutory License of Sound Recording is to prevent the phenomenon of monopolization caused by large-scale Producers of Phonograms through obtaining exclusive right of sound recording, promote the widespread of music works and balance the conflict between private interests and public interests. Statutory License of Sound Recording is always controversial both in theory and practice since it was established in China. Juridical practice, in the last decade, has proved that there exists a profound difference in the judges’ mind, which causes the serious conflict among judicial referees and which also affects the judicial authority. What’s worse, as the third revision of the Copyright Act is vigorously promoted, the problem of Statutory License of Sound Recording to reserve or not is pushed to the forefront again. Starting from the basic theory, this paper has researched that the existence of the Statutory License of Sound Recording can not only conform to Chinese actual conditions, but also has a certain theoretical basis of sociology, jurisprudence and economics to some extent. In order to make Statutory License of Sound Recording play a better role, this article has made an analysis on the development of Statutory License of Sound Recording in our country, analyzed the problems existing in the system. By drawing on the successful experience of foreign countries and analyzing cases in the judicial practice in our country, this article has put forward several targeted maneuverable suggestions on Statutory License of Sound Recording in China.