The Construction Of The Compulsory License System On Copyright In China

Copyright Compulsory License System is an internationally recognized copyright restriction system.It has its own unique function as balancing interests between the copyright owner and public,and promoting copyright trade.However,with the rapid development of the economy,peoples need to use others materials to promote the related fields of their country.Actually,these countries are facing difficulties in the process of using their works because of the absence of a relevant compulsory license system.Our country should construct this system,because this system can check copyright monopoly,thereby coordinating the interests of all the parties by maintaining a balanced and legal platform for trade.This paper consists of four parts.In the first part,the connotation of compulsory license of copyright includes its concept,characteristics and jurisprudence basis,which were analyzed and discussed by comparing with the related conceptionsIn the second part,the international conventions and related systems in foreign legislation were introduced and analyzed.In the third part,the current situation at home and the shortcomings of the compulsory license system of copyright were analyzed by exampling the copyright infringement act of New Oriental.Then,the drawbacks of the rational use and the legal licensing system of the copyright restriction system were analyzed.In the final part,the essentiality of the compulsory license system of copyright was analyzed from different aspects,and offered suggestions on constructing compulsory license system of copyright.