Research On Legal Permission System Of Newspaper And Periodicals Reprint In China

The legal permission system of newspaper and periodicals reprint has always been one of the focuses in the field of copyright law in China.However,since the establishment of the system,although there are many disputes,the legislators have not made reasonable amendments to the system,only through administrative regulations and judicial interpretation to repair the system.After two amendments,the copyright law still hasn't changed the original appearance of the system.With the increase of disputes,the third amendment draft of China's copyright law has greatly modified and optimized the system.However,by observing the provisions of the draft on the legal permission of newspaper and periodicals reprint,we can see that the revision of China's copyright law still follows the principle of adhering to the principle of success,that is,only the legal permission It is not a profound change but a supplementary optimization of licensing.It is the integration of local legal resources for the existing system rules.It follows a path of overall conditioning and local improvement,and does not completely solve the problem.In this regard,this paper takes the legal permission system of newspaper and periodicals reprint as the research object,re combs the difficulties in the operation of the system,and puts forward the corresponding legislative suggestions.The structure of this paper is divided into five parts,as follows:The whole idea of this paper is to discover,analyze and solve problems.First of all,it expounds the legal license system of newspaper and periodicals reprint in China,including the overview and system interpretation of the legal license system of newspaper and periodicals reprint in China.From the perspective of system setting,the legal license system of newspaper and periodicals reprint has existed since the birth of China's copyright law.After three decades of system operation,the continuous weakness of the supporting mechanism has caused many problems in the system However,the third amendment of copyright law still fails to solve the problem effectively.Secondly,it reveals the problems in the legal permission system of newspaper and periodicals reprint in China,such as the imbalance of interests between the author,the first newspaper and periodicals and the reprint,the imperfection of the payment mechanism,the unfairness of "super national treatment" and the false name of "Declaration reservation right".In addition,it also interprets the relevant provisions in the third draft amendment of the copyright law of China.Finally,it is to improve the legal license system of newspaperand periodicals reprint in China.First,it is to improve the conditions and scope of the application of the legal license.Second,it is to clarify the rights and obligations of the relevant subjects of the legal license.Third,it is to improve the legal license payment mechanism of newspaper and periodicals reprint.Fourth,it is to clarify the liability for infringement of the legal license of newspaper and periodicals reprint.