Research On The Statutory License Of Broadcasting Works In Radio And Television Stations

The statutory license of radio station and television station is a system concerning the limitation of the author's right to broadcast,which is stipulated in the second paragraph of Article 43 and Article 44 of the copyright law of China.In the absence of special provisions,according to these two requirements,broadcasting organizations need not obtain the permission of the copyright owner in advance when broadcasting the published works,but only pay remuneration to them according to the use.The establishment of the system is based on the public nature of broadcasting organizations to ensure that works can be spread unimpeded.At the same time,due to the high cost of licensing when broadcasting works,it is difficult to achieve licensing.The statutory license can not only reduce the cost of licensing for broadcasting organizations,but also ensure the realization of the economic interests of the obligees.However,based on the above value of the system,the statutory license of broadcasting works in practice faces many problems,including narrow regulatory scope,imperfect supporting system and network technology impact.In this case,some scholars point out that the relevant provisions of the statutory license can be abolished,which is also reflected in the revised draft of Copyright law(the second draft).However,in view of the current nature of broadcasting organizations and the requirements of legal permission for profit,the possible monopoly of works caused by the right holders and users after the abolition,and the advantages of legal permission for broadcasting works in reducing costs compared with collective management,it is still necessary to retain the legal permission for broadcasting works in the current environment.It is undeniable that there are some problems in the legal permission system of broadcasting work.Therefore,this paper puts forward its own suggestions for the current system from the perspective of clarifying the scope of application of the legal permission of broadcasting work,improving the pay system,improving the information provision in advance and the right relief after the eventThis paper is divided into three chapters.The first chapter mainly combs the historical origin and legislative value of the legal license system of broadcasting works,and based on the legislative value,puts forward two problems to be solved in this paper The system of legal license was first established after the appearance of American automatic piano,and then some general restrictions on rights appeared in international conventions.With the emergence and popularization of broadcasting technology,the restrictions on broadcasting rights appeared in Berne Convention.At the conference of formulating the provisions,countries thought that the provisions could avoid the rights of collective management organizations It can ensure the realization of the public welfare function of broadcasting and balance the economic interests between users and right holders.From the perspective of legislative value,the current legal license of broadcasting works in China is faced with the problems of the existence or abolition of disputes after the transformation of the operation mode of radio and television stations,and the payment can not be guaranteed in the implementationThe second chapter is based on China's copyright law,combing the content and value changes of the three amendments to the legal license system of broadcast works,and analyzing the necessity of retaining the legal license system of broadcast works in China.The analysis focuses on the nature of China's Radio and television media and the function of legal license in the realization of legislative value.First,China's Radio and television media plays an indispensable role in meeting the public information needs,promoting information dissemination and social public welfare services Secondly,the application of legal license can avoid one party's using the dominant position to influence the use and dissemination of the works,and it plays an irreplaceable role in reducing the cost of playing the works.In addition,based on the legislative value of the system,this paper reflects on the problems in practice.Including in the application of the legal license system for broadcasting works,a series of cases of "same case but different use" have appeared in judicial practice;finally,in the current digital environment,a series of network radio stations have appeared in the network,which has caused many debates in the academic circles,that is,whether the existence of legal license has led to the unfair competition between traditional TV stations and network radio stationsThe third chapter is on the basis of retaining the system,in order to further enhance the practical effect of the system,and better realize its legislative value.From the perspective of the scope of use,we should increase the types of rights involved in the legal license of broadcasting works,and limit them to be applicable in non-operating channels and non-network environment;from the perspective of the improvement of payment management,we can borrow the current emerging blockchain technology to manage the broadcasting works,and unify the payment standards of works;in other general terms,we can merge information providers At the same time,for some repeated infringement,malicious infringement or commercial subject infringement,punitive provisions are applicable.