Research On Statutory License System Of Phonogram

The Copy Right Law of PRC(2010 Amendment) article 40, paragraph 3 provides statutory license system of phonogram, which is “A producer of phonogram who exploits a music work another person has duly made into a phonogram to produce phonogram, may not obtain permission from, but shall pay remuneration to the copyright owner as prescribed by regulations, such work shall not be exploited where the copyright owner has declared that such exploitation is not permitted”. Based on the constitutive elements, legislative purposes and theoretical foundation of statutory license system of phonogram, the paper not merely systematically exhibits the developmental process of China’ s statutory license system of phonogram, but also generalizes its current situation. Then, the paper sorts discussions about statutory license system of phonogram in the process of revision and analyzes problems of the system itself and the operation of supporting systems. Finally, on account of the study and reference of the relevant foreign systems, the paper makes recommendations on statutory license system of phonogram and supporting systems which called collective management system.The paper consists of five parts:The first part gives a background and significances of the research, current station and methods.The second part includes an overview of statutory license system of phonogram. It expounds the constitutive elements of statutory license system of phonogram from the legal clause. On account of the historical background of the system, the paper summarizes the legislative purpose of statutory license system of phonogram. Afterwards, the paper gives a theoretical basis of statutory license system of phonogram from the perspective of jurisprudence, economics, sociology.The third part, based on the formulation and modification of The Copy Right Law of PRC, combs the changes of statutory license system of phonogram by adopting induction and figures. Then, it shows the present situation about statutory license system of phonogram by listing the law articles. Finally, the paper systematically exhibits discussions of statutory license system of phonogram in the process of revision.The fourth part, after concluding the current situation about statutory license system of phonogram, analyzes problems which belong to statutory license system of phonogram and its supporting systems. Currently, the statutory license system of phonogram has four problems: the standard of payments under this system is obsolescence and rigidified, the system of remuneration payment mechanism is imperfect, the insignificance of the right of declaration to reserve the rights, and the specific standard of this system is not clear enough. As the supporting system of statutory license system of phonogram, as the system of copyright collective management system has five issues as well, including administrative intervention that lead to lacking flexibility in institutions management system used in the extraction and opaque, the system regarding how to the perfect the payment collection and pass-though payment mechanism, the fees’ dispute resolution mechanism, and imperfection supervision mechanism.The fifth part puts forward a set of completed suggestions towards statutory license system of phonogram. From the point of statutory license system of phonogram itself, we should be perfect legislation under the network environment, formulate conforms to the national conditions of remuneration and compensation payment mechanism, remove right of declaration to reserve the rights and set the protection period as one year, to redefine the precondition of the system as the "record and issue", defined the implement method of the system is "recorded for the principle, to back to direct recording for exception". The supporting system as the copyright collective management system, establish fee dispute resolution mechanism, proper introduction of market competition mechanism weaken the administrative intervention, should consummate the fee charging and pass-though payment mechanism, the extraction of refined management fees and use system, to perfect the collective management system of supervision mechanism.