Research On The Perfection Of Standard Rules For The Payment Of Remuneration For The Licensed Use Of Textual Calligraphy

In order to expand the scope of national education and reduce the cost of legal license of textbooks,according to the relevant provisions of the copyright law and on the basis of the provisions on remuneration for publishing written works,the state has issued the method of payment for works with statutory license for use of textbooks.However,many problems that are not suitable for the current economic and social development have been found in practice,which are highlighted in the newspaper In the process of determining the payment standard,the classification of works,stage of use,adjustment mechanism,calculation mode and other contents are either too general or lack of provisions,which causes troubles to copyright owners,textbook compilers and the public.Based on the problems existing in the implementation process of the method for payment of remuneration for works legally licensed for use in textbooks,this paper holds that the legislative value of the payment standard is too focused on efficiency,the economic and social factors referred to in the reward pricing are not scientific,and the payment standard can not fully reflect the actual market value of the works.There are several different theories in the formulation of the standard rules for the payment of remuneration for the statutory license of textbooks.The theory of incentive,the theory of social public interest,the theory of the nature of private rights and the theory of social public interest all have different degrees of defects.The article holds that,according to the requirements of the balance theory,on the one hand,the interests of all parties involved in the legal license of textbooks should be balanced,on the other hand,the copyright owners should be balanced With the interests of the public.From the realization rules of fair remuneration right,the negotiation rules of parties,and the dynamic balance rules of rights and obligations,this paper proposes the payment rules of textbooks from different carriers,the payment rules of textbooks in different use stages,the subject,scope and application conditions of negotiation rules between parties,and the adjustment basis,adjustment mode and adjustment of payment standard Time and other specific rules put forward specific rules to improve the idea,in order to solve the current textbook statutory license payment standards can not achieve the balance of interests of all parties,can not achieve the ultimate goal of promoting social progress.