A Study On Copyright Licensing

One of the main methods to copyright utilization is copyright license.it not only takes some economic profit for authors, but also plays a very important role for the dissemination of works, the prosperity of the cultural industry. To a certain extent, copyright license reflects a country’s political, economic and cultural level, and has an important influence on the country’s economic and cultural construction. In practice, there are still many problems during the using of the copyright license, such as legal provisions are not clear, and may cause confusion during practical using; there are many risks when it is trading in market, which is not good for safeguard the interests of right holders; value assessment system is not consummation.The problems existing in the Chinese copyright license is analyzed in this article based on the international of the international and Chinese current economic development situation. Reviews of copyright licensing concept, classification and analysis with the assignment of copyright, fair use etc. are organized at the beginning of the article. On the basic of the above information, an increased degree of explanation from the aspect of philosophy of law is analysis part of key issues, the main point is about the legal problems existing in the process of legal system and practical operation in the presence of study copyright license to use. First of all, from the perspective of contract, copyright license contracts are the generally complex, the meaning of the expression is untruthfulness, the underlying type of complex and complex problems during practical using, the lack of effective protection of the interests for the parties of the contract. Secondly, from the perspective of value evaluation, existing evaluation methods are not unified in China, the copyright value assessment agencies are irregular managed and assessment teams are lack of professional issues. In the end, from the perspective of the copyright license special works use, the fuzzy definition of cooperated works and the big risk of network works copyright license and other issues. The system of abroad copyright license is developed of earlier and more mature, such as the system of United States, Britain and Northern Europe. The use of copyright license of these countries are analyzed, their copyright systems have some revelation and reference meanings to Chinese copyright license system. At the end of the article, aim at the existing problems during the using of copyright license, the article attempts to improve the copyright law of cooperated works and establish a copyright trading platform with a better system, more products levels; construction implement proprietary license registration system and the establishment of a unified, professional and effective value assessment system, etc., for copyright license use provide a more mature trading environment, to ensure the legitimacy of copyright licensing, rationality and safety.