Study On The Statutory License System For Production Of Phonograms

In modern copyright law, for achieving the balance of interests between the private interests of the copyright owners and the public interests, the way about how to coordinate the conflict between the two has become an important function of the copyright system. On the one hand, the copyright law protects the privacy interests by giving the legal monopoly to the copyright owners to encourage creation. On the other hand, most monopoly can affect the spreading and use of the works, which may affect the public interest. If the legal system design can encourage the creation and promote the spreading, the economic and social benefits would reach maximization. As an important part of the system of copyright restrictions, copyright statutory license is a tool of balance of interests, while the statutory license of the production of sound recording is an important part of it. By limiting the copyright of the copyright owner of the music works, we can help prevent market monopoly, simplify the way of authorized use of works and promote the dissemination of works. At the same time, by giving the copyright owner economic compensation, it also maintains a balance between the interests of the copyright owner and the public interest.The statutory licensing system for the production of sound recordings in the copyright law of China is established on the reference to the mature legislation of the developed countries. Since 1991, the first "copyright law" promulgated in China has been revised several times, but there are still some problems. Especially, at the moment that multi-network integration providing a broader market for the dissemination of the works, the interests involved in the production of sound recordings have been increasing quickly and the related stakeholders become more and more diverse. This article intends to start at the essence of the statutory licensing system of the sound recordings, analyzes the existing problems in this system and differences in judicial practice, and refers to relevant international conventions and mature legislation of the developed countries, combined with the actual situation of China’s market, to provide specific recommendations to improve the relevant rules.This article is divided into four parts:The first part is the basic theory of the statutory license for the production of a sound recording product. First, in the analysis of the origin and development of the statutory license for the production of a sound recording, it is expounded that the purpose of legislation is to prevent the occurrence of market monopoly, thereby reducing the price, increasing the vitality of the market, promoting the spread of music works and increase the total amount of social culture. Then it analyzes the nature of the statutory license for the production of a sound recording product, and evaluates the main theories. Finally, it demonstrates the legitimacy of the statutory license system for the production of phonograms from the angle of jurisprudence and economics.The second part is the extraterritorial legislation inspection of the statutory license system for the production of the phonograms. Through the investigation of the relevant legislation on the Berne Convention and other international conventions and the copyright law of the Unite States and Germany, it provides a reference for improving the statutory licensing system of production of the phonograms in China.The third part is the problems in the statutory license system for the production of the phonograms in China. Starting from the historical development of China made the recording statutory license, this paper tries to sort out the shortcomings in the statutory license system of the production of the phonograms in China, which including:unclear conditions for the use of the statutory license for the production of a sound recording product; unclear making method and regulation about whether it can be copied and released after making; the deficiency of the author’s declaration system and imperfect payment system.The forth part is suggestions on perfecting the statutory license system for the production of the phonograms in China. It puts forward the corresponding suggestion, according to the present situation of our country’s music market, referring to the mature legislation of the developed countries, and combining with the analysis of the first three parts of the article and aiming at the existing problems in the statutory license system of the production of the phonograms in China.