On Consummation Of Music Work Sound Recording Statutory Licence System In China

The ninth Standing Committee of the National People's Congress through revised "Copyright Law". This revision has cancelled original "Copyright Law" the 37th first article of stipulation work sound recording statutory licence, but by way of exception retained in the 40th third section to the music work recording statutory licence, and follows original "Copyright Law" the proviso"the copyright owner stated that cannot use do not use"the stipulation. This article embarks the discussion music work sound recording statutory licence system from this article of stipulation. Those who make the author puzzled is, expands obligee's right in the whole, to strengthen the copyright protection under the general trend, why new "does Copyright Law" perform to music work's recording power to limit alone? New "Copyright Law" adopts the recording statutory licence the way to limit music work sound recording power, simultaneously allows the copyright owner to state that removes the statutory licence to be suitable,is this institutional arrangements reasonable?Based on this, the author embarks from music work's characteristic, in the discussion sound recording statutory licence's nature as well as the permission all quarters main body interest relations, attempt under the defined recording statutory licence nature premise from the jurisprudence and the economic angle analysis sound recording statutory licence rational basis. Finally aims at our country to record the statutory licence system existence question to propose that corresponding consummates the suggestion. This article divides into four parts:The first part"music work sound recording statutory licence system's summary", inspects our country to record the statutory licence system's constitution as well as the correlation concept specifically, and unifies music work the characteristic and the recording statutory licence system's origin discussion sound recording statutory licence system's nature.The second part"the limit music work sound recording exclusive rights' rationale", from the jurisprudence and the economic two angle analysis limit sound recording exclusive rights' rational basis, the concrete study limit sound recording exclusive rights' exterior cause and the intrinsic principle, and under the economic analysis frame explains the limit music exclusive rights rationality in"the reduction transaction cost".The third part"our country present music work sound recording statutory licence system existence's question", in the concrete study our country present system"the statement power"with the legislative intention, the international convention contradicts, statutory licence's time condition, the prerequisite fuzzy as well as the reward standard obsolete ossification, receives and relays the mechanism not perfectly and so on questions.The fourth part"consummates our country music work sound recording statutory licence system to ponder", in view of our country present sound recording statutory licence system existence's certain flaws, unifies the first several part of analysis conclusion, proposed corresponding consummates the revision suggestion.