A Study On The Internet Writings Applied To Statutory License

Development of the Internet technology has sharply reduced the costs of dissemination of written works,brought forth new ways for people's creation of use of written works and promoted the prosperity of cultural creation.However,due to the serious disjunction between the existing copyright-related legal system and the Internet era,people were still required to obtain the authorization and consent from the author and pay the corresponding price before their legitimate use of the written works.This indicated high time costs and economic costs.On the other hand,for copyright owners,when seeking fast and wide dissemination of their works for economic benefits,they also needed to face mass licensing requirements hard to be dealt with quickly at the same time.High costs in the legitimate use of the works have fostered the ever-increasing copyright infringement that was difficult to be controlled effectively.Judging from the previous practice,by means of reinforcing administrative enforcement of law,fighting against infringement and strengthening the collective management of copyright alone could not effectively solve the problems above.We must start from the reduction of the institutional costs of using of the works,improve the legal system concerning copyright and further integrate the ways of use of works with types of operation of the Internet industry.In addition,such characteristics of the statutory license system as "license-free" and "payment of remuneration" could both meet the needs of the rapid communication on the Internet and help realize the economic value of the works,thus being an appropriate copyright usage pattern in accordance with the current Internet environment.In this paper,beginning with an analysis of the present situation and problems of the protection of copyrights to network written works,the author gave an in-depth discussion of the feasibility of the application of statutory copyright licensing to written works under the network environment while referring to the basic theory and practical study of the copyright restriction system.Focusing on the legal basis,necessity and reasonableness of the expanded application of the statutory licensing to network written works,the author further proposed the suggestions on legislation,administrative and social management and judicial practice so as to complete the conception of applying the statutory licensing to network written works.The author believed that,the statutory licensing system featuring balance of interests could help better realize such basic demands of copyright owners as dissemination of works and gaining of more influence therewith,help achieve economic benefits of the works and help reduce infringement acts,which conformed to the trend of the times with Internet development.Meanwhile,compared with the compulsory licensing mode,the fair use mode and the authorized licensing mode,the statutory licensing mode was of more advantages.In the network environment,application of statutory licensing wasn't against the legislative purpose of copyright.Under a complete payment mechanism,it could better realize fast dissemination of cultural knowledge and protection of the rights and interests of the copyright owners at the same time.