The Predicament And Outlet Of Copyright Licensing System Under The Network Environment

The private nature of copyright determines that anyone who uses a work must obtain permission from the owner of the right.In the network environment,this principle will not change.With the development of network technology,people have more chances to receive information,and their creativity is greatly enhanced.The emergence of mass online works is bound to be accompanied by the massive demand of users.According to the copyright law,anyone who uses a work needs to be authorized,so in the face of mass authorization,how to legislate a reasonable authorization mechanism to give the public access to the opportunity to use the work legally is a difficult problem at present.Due to the characteristics of the open and shared network environment,the order of copyright is chaotic and various infringement phenomena are common.The investigation finds that this phenomenon occurs because there is no good authorization mechanism in the final analysis.Some scholars have proposed that if the copyright industry wants to compete with piracy,it needs to provide the public with the same quality of service as pirated works.As long as the copyright subjects can provide a wide variety of works with low cost,the vast majority of users will choose to obtain the right to use the works through legal channels.The article is to solve the problem of how to authorize massive works in the network environment.This article is written according to the idea of putting forward problems,analyzing problems and finally solving the problems.Firstly,it puts forward the dilemma faced by the copyright licensing system under the network environment and the inadaptability of the licensing model.Then the author analyzes the root of the dilemma from the two aspects of institutional causes and internal contradictions of the right system.Finally on the basis of analysis to find the most suitable network environment for China's copyright licensing model.This paper is divided into four parts:The first part is the dilemma of copyright licensing system under the network environment.The development of network and digital technology has changed the quantity,form of expression and mode of transmission of traditional works,resulting in the traditional copyright licensing model can not meet the needs of users,that is,licensing efficiency has not kept up with the development of communication technology.And because of the development of emerging technologies,all stakeholders want to share a piece of this smokeless battlefield,for their own maximum interests.Due to the differences in interest demands,all parties are deadlocked on the adjustment of copyright law to communication technology,the original balance between copyright protection and information dissemination is broken.The second part analyzes the causes of the dilemma.There are two main reasons for the dilemma faced by copyright in the network environment: on the one hand,it is the problem of institutional causes.It is analyzed that the traditional copyright authorization mechanism is inefficient and the transaction cost is high in the face of massive works in the network environment.On the other hand,from the perspective of the tension between the rights system and the market,with the development of the Internet,the rights system of copyright itself is complex and diverse,and each interest subject does not give way to each other,thus the copyright legislation is stagnant.By analyzing the causes of the dilemma from the perspective of the system and the copyright right system,it is concluded that the reason why the copyright cannot solve a large number of licensing lies in the lack of smooth licensing model.The third part is the evaluation of a large number of copyright license models in the digital environment.This section is the focus of the article.First of all,it analyzes the copyright licensing mode in China from the time of its emergence.It is divided into the traditional copyright licensing mode and several new copyright licensing modes in practice.The former include legal license,collective management organization license,to prove their rationality and whether they can carry out a lot of authorization in the network environment.The latter mainly demonstrates their origin and rationality.Secondly,the paper analyzes the foreign collective management mode and knowledge sharing mode under the network environment,and demonstrates their rationality.The fourth part explores the way out of China's copyright licensing system.As a single license model is impossible to solve the problem of mass licensing in the network environment,this paper,based on the current situation of copyright licensing in China,on the premise of grasping the dynamic balance to improve the collective management as the center,and at the same time to build a multi-licensing model.This part is mainly to improve the collective management system in legislation,to establish the legitimacy of various licensing models in practice and regulate them in legislation.