Research On Statutory License Of Digital Publication Of Works In Newspapers And Periodicals

Newspapers and periodicals are important traditional cultural media,and China has a statutory license system of reprinting to balance the interests of all parties in the process of publishing and using traditional newspapers and periodicals.Because of the lack of norms to regulate activities in using articles of newspapers and periodicals yet,a large number of violations of the rights of traditional newspapers and periodicals have appeared in the rapid development of new media in the digital technology environment,which has been hindering the positive development of the digital publication industry of newspapers and periodicals.How to regulate copyright protection in the digital environment is a controversial issue,the statutory license system is able to fully balance the interests of all parties in digital publishing.The article first points out that the digital publishing of newspapers and magazines is facing the difficulties caused by the development obstacles of infringement,rights protection,industry monopoly,and the lagging of legal norms.Then it demonstrates the theoretical legitimacy of establishing a digital publishing legal permission system for newspapers and periodicals in line with the principle of rights limitation and balance of interests,the social legitimacy of national reading needs,and the social practical significance of promoting the development of digital publishing industry and scientific research without infringing on the interests of traditional publishers.Based on the analysis of foreign legislative experience,the author proposes that digital publishers that meet the requirements of China's digital publishing qualifications can use statutory licensed on non-current and general current affairs reviews of newspapers and periodicals under different conditions.And the supporting measures for the digital publishing of newspapers and periodicals works should be improved from three aspects: smooth payment channels,determination of payment standards,and increased punishment liability for failure to pay on time to ensure that the system is practical.