Research On Copyright Compensation System In Digital Environment

The copyright compensation system originated in Germany.The German Supreme Court has gradually established the copyright compensation system through the judgment results of Grunding Reporter case in 1955 and Personalawsweise case in 1964.The system is to levy a certain amount of copyright compensation on copying equipment and storage media through a certain organization and method to make up for the loss of interests suffered by copyright owners due to private copying.As far as the legal nature of copyright compensation is concerned,it is closer to the compensation of " special loss" due to reasonable use.After Germany established the copyright compensation system,it made two revisions in 1985 and 2003,listing blank tapes,computers,CD recorders,etc.as the objects of copyright compensation.The United States formally passed the Family Recording Act in 1992 through Williams &Wilkins Co.V.United States and SONY,thus formally establishing the copyright compensation system.As far as our country is concerned,the establishment of the copyright compensation system will face problems such as the slow revision of the Copyright Law and the congenital deficiency of the copyright collective management system.However,at the same time,it is necessary to introduce the copyright compensation system due to the prevalence of Internet private copying,the weak technical protection measures and the weak public awareness of copyright protection.In order to establish the copyright compensation system in our country,we should adopt the legislative mode of " Copyright Law" in principle and " Copyright Law Implementation Regulations".In the operation mechanism of the copyright compensation system,the oblige should include the creator of the work,the owner of the network copyright,the film producer,the video producer,the performer,the network service provider who are authorized to license,etc.As for the obligor,although a distinction can be made between the direct obligor and the indirect obligor,the copyright compensation is ultimately borne by the consumer.With the upgrading and development of technology,the collection object of copyright compensation should also be extended to digital copying and linking,downloading,database,network transmission and many other aspects.The collection of copyright compensation is the responsibility of the copyright collective management organization,and the compensation collected will be distributed to the oblige.When collecting,the charging standard of relative quota should be determined,but the maximum amount of compensation should also be specified.In establishing the copyright compensation system in our country,we should also establish a matching mechanism,that is,we should integrate the existing copyright collective management organizations,construct an all-round coverage information platform,and endow the copyright collective management organizations with compulsory management rights.