Research On The Statutory Permission System For Reprinting In Newspapers And Periodicals

China's 1990 copyright legislation established a statutory licensing system for newspapers and periodicals.This provision was retained in two amendments.The third revision of the Copyright Law made further revisions to the legally reprinted legal system.Since the system is a unique statutory licensing system in China,there are no provisions in relevant international conventions.Therefore,there are many problems and disputes in the process of legislation and implementation.This paper comprehensively uses historical analysis,comparative analysis and other research methods to interpret the legally licensed legal system from different angles,point out its rationality,reflect on its limitations,and finally propose perfect suggestions to protect the rights of copyright owners.And promote the spread of culture.The text is divided into four chapters.This article begins with an introduction and the final is a short conclusion.The introductory part briefly expounds the problems and research status in the reprinting of the legal permit system in China's newspapers and magazines,and explains the background and significance of writing this article.Chapter 1 "Overview of the statutory licensing system." Starting from the legislative history of reprinting the statutory licensing system,the paper expounds the process of establishment and development of the system,and analyzes the composition of the legally licensed system.The second chapter "The legitimacy of the reprinting of the statutory licensing system in newspapers and periodicals".Through the comparison between the legal and licensing system and the fair use system,the compulsory licensing system and the copyright compensation system,the newspapers and periodicals are compared with the advantages of other legal rights restriction systems,and the legitimacy and rationality of the system are demonstrated.The third chapter "Restrictions on the limitations of the publication of statutory licenses in newspapers and periodicals".By analyzing the current legislative situation and rethinking the normative nature of the system,it is contrary to international conventions,and its own legislative logic is chaotic.From the perspective of copyright rights and equity theory and legal economics,the problems of the system are analyzed.The fourth chapter "the perfection of the legal permit system reproduced in China's newspapers and periodicals".In view of the unbalanced interests of the three parties in the process of harming the interests of copyright owners and the process of reprinting newspapers and periodicals,it is impossible to effectively protect the rights of copyright owners to regain,the obstacles to the exercise of“rights of withdrawal”,and whether newspapers and periodicals can be extended to the network.Improve the recommendations.The last is the conclusion.Although the legal and resale system of the newspapers and periodicals has legitimacy and rationality,it cannot ignore the problems in the allocation of interests and specific implementation.It is necessary to further improve the legal and permit system for reprinting newspapers and periodicals in line with the principle of balance of interests.