Large-scale Digitalization Of Rights Regulation Research

High transaction costs are the main factors that plague large-scale digital copyright licensing.On the one hand,large-scale digitization often requires massive authorization,one-on-one licensing costs are too high;on the other hand the need for digital works often economic value is not high,and some even out of stock,orphan works,income is too low.High-cost low-yield makes large-scale digitization difficult.Even the financially powerful Google company can only take risks,adventure scan by copyright protection books.The copyright infringement litigation of the Google Book Scanning Project dramatized the plight of large-scale digital copyright licensing,the trial of the case,the rejected settlement agreement,and the final rational use judgment.The trial of the case also led to the study of the upsurge of the academic and practical circles,statutory permission,compulsory licensing,extended collective management,implied licensing,collective management of copyright,fair use as a possible option to solve large-scale digital solutions to copyright problems The Reducing transaction costs is a fundamental requirement to solve large-scale digital copyright problems.Therefore,it is necessary to carry out research on economic analysis,find the main factors that affect the large-scale digital cost and benefit,analyze the impact of the more possible regulatory options on the cost and benefit,and finally find the solution.In order to solve the problem of large-scale digital dilemma,our country should adhere to the following three principles,the principle of balance of interests,the principle of improving efficiency and respecting national conditions.To solve the problem of large-scale digital copyright is the most important thing is to adhere to the principle of balance of interests,to solve the scanner and the copyright works of the copyright dispute between the problem.And the choice of possible regulatory options must be able to effectively improve the efficiency of the scanning mechanism scanning and the efficiency of authorization.And the choice of all options in the study of foreign advanced experience at the same time must be based on our current legal situation in the country as the basis,the best practice is based on our existing legal basis for effective reform.Specific discussion on the regulatory options for the final selection of the three solutions for China's national conditions,first,to reform the statutory licensing system;specifically,for the statutory fee to pay the cost of the establishment of copyright compensation system,clearly defined compensation The payment standard and the required fee are charged by a unified collective management organization.At the same time,large-scale digitization of the public works of books with legal permission to achieve the purpose of enhancing the efficiency of authorization.Second,the rational use of the rules of reform;based on the existing rules of rational use of the legislative tradition,still take a list of the use of a variety of reasonable use of the situation clearly listed,but at the same time must have the relevant flexibility to constitute a reasonable use must Is to meet the public interest of the majority of users,rather than simply the pursuit of economic interests.Thirdly,the introduction of an extended collective management system,by the China Written Copyright Association as a collective organization,the collective permission of orphans works,the user must obtain the permission to use for profit for the purpose of profit for the purpose of immediate payment of compensation The amount of money paid shall be charged by the Association for the payment of the fee,and the fee shall be paid for any other work of the right holder.