Research On The Statutory License For Newspapers And Periodicals In China Under The Background Of Media Convergence

The statutory license for newspapers and periodicals is one of the specific circumstances of China’s statutory license,which is stipulated in Article 33 of Chinese current Copyright Law.The main content of the statutory license for newspapers and periodicals is that the newspapers and periodicals should pay certain remuneration for reprinting work from other newspapers and periodicals without obtaining permission from the copyright owner.The copyright law legislated in 1990 first established the system of statutory license for newspapers and periodicals.At that time,newspapers and periodicals were the main means for the circulation and exchange of social information.Considering many reasons,China stipulated reprinting works between newspapers and periodicals as statutory license.However,the system has been controversial since its creation.At the beginning of the establishment of the system,some scholars put forward that the system violates the international treaties that China participates in.In the era of media convergence,the attitude of scholars and businesses towards the system has been divided into two.Some people suggest that the statutory license for newspapers and periodicals should be abolished directly,while some people suggest that the applicable scope of the system should be expanded to the Internet field.The copyright system has always evolved with the development of media technology.Undeniably,in the new communication context constructed by new and old media,there are some problems in the system of the statutory license for newspapers and periodicals.But the research on legal systems cannot only analyze operating problems of the system.Understanding the inherent cultural factors of the system and law traditions of nations,tracking the evolution and the pros and cons of system,and then discussing the value of the system and the problems of the system,is the logic to study legal systems.Therefore,this paper will first clarify the generation and evolution of the system,and then analyze the value of the system.Secondly,the paper will observe the judicial practice of the system and conclude its existing problems.Finally,the paper will put forward some suggestions for improving the system.This paper is divided into four chapters.The first chapter briefly introduces the content of the statutory license system and the statutory license for newspapers and periodicals,and then mainly discusses the disputes relating to the system under the background of media convergence afterThe second chapter,in response to disputes put in the first chapter,mainly analyzes the historical evolution of the system,the reason of establishing the system and the special value of the system.Then this part analyze the difference between copyright law system in our country and in the United States,Germany,and Berne Convention.Based on the comparison,this part analyze whether the statutory license for newspapers and periodicals is legitimate and whether it violates the international treaties.The third chapter based on the above still aims at responding to disputes raised in the first chapter,analyzing the problems in the judicial practice of the system and the reasons behind the problems.Samples of this part’s analysis are 75 judgments.Based on the conclusions drew in the second chapter and the third,the fourth chapter put forward:China should reconsider the legislative interpretation of"newspaper",reset the remuneration standard and implement case retrieval system in the judicial practice of the statutory license for newspaper and periodicals.