Discussing The Statutory License Of The Right Of Communication Of Information On Networks

The development of digital technology has brought a profound challenge to thecopyright system. The right of communication of information on networks is theoutcome of the development of digital technologies and Internet technology. It is a newWorks property rights enjoyed by copyright owners and related right holder in theprocess of network communication works. The creation of the right of communicationof information on networks has expanded the copyright owners’ rights, and to limit ithas become the hot issue of academic discussion. This paper by the statutory licensesystem of the right of communication of information on networks in our country as astarting point, taking the research method combined the theoretical study with practice,and combined national legislation with abroad and international legislation, fullydiscusses the lack of the statutory license system of the right of communication ofinformation on networks in our country and the countermeasures to improve thestatutory license system of the right of communication of information on networks.The paper divides into three chapters:The first chapter is the basic theory of parts of the statutory license system of theright of communication of information on networks. Firstly it analyses the meaningand characteristics of the right of communication of information on networks. Itintroduces its dissemination in international treaty and foreign countries, pointing outthat there are some irrationality in the concept and the system of the right ofcommunication of information on networks in our country, and the author suggests thatsuch a definition: the right of communication of information on networks is the rightthat the right holders enjoy offering its works to the public through the informationnetwork. Then it analyses the characteristics of the right of communication ofinformation on networks from the subjects, the object of the right, and the right content.Secondly, it analyses the theory that the statutory license systemlegal license systemlimited the right of communication of information on network is based on the benefits balance principle. At last the paper explains the feasibility that the statutory licensingsystem limits the right from the functions of the statutory licensing system and thecharacteristics that information transmission through the network environment.The second chapter analyzes the actual situation of analysis of the statutorylicense system of the right of communication of information on networks in ourcountry. Firstly the paper adopting foreign legislative experience about using a work,points out there are some drawbacks on our country ‘s the Protection Act ofInformation Network Propagating Right involving the legal license about distanceeducation. The drawbacks are these: The purpose of the statutory license is not coveredby other nonprofit educational purposes (such as handicapped education), the usingways of its shows somewhat narrow, and the scope using works can not cover thevariety of forms in the information network environment. Secondly, it introduces thelegislative background of the legal permission to use for assisting the poor on ourcountry ‘s the Protection Act of Information Network Propagating Right, pointing outits legislative defects: the restrictions of requirements are too strict, the provisions ofusing works are tending “inside and outside”, the provisions of legal license users aretoo general and the scope of used work defined is not clear. Thirdly it discusses theproblem network reproduced re-edited whether to the statutory license that is a largedispute in the academic world. And the author the author thinks that there is necessaryand is feasible to set up the network reproduced re-edited legal license, but need tomake some adjustments. Finally, drawing on the foreign legislative experience aboutthe statutory license of the relevant nonprofit digital library, it explores it need for ourChina to establish the statutory license of the nonprofit digital library.In the third chapter proposes countermeasures to improve the statutory licensingsystem of the right of communication of information on networks in our country fromthe circumstances of the statutory license such as the Distance education, assisting thepoor, websites re-edited and the nonprofit digital library, and from the fee mechanismof the statutory license. The one hand is how to improve the circumstances of the statutory license. The provisions of the improvement of distance education of thestatutory license are as follow: one is to define the purpose of distance education, twois to increase the statutory license for the preparation of network textbooks, three is tobroaden the scope of the works of the statutory license, four is to limit the use quantityand the period of distance education statutory license and the further spread of, five isto add obligations to warn the copyright information when holding distance education.Recommendations to improve the statutory license for poverty reduction can be set likethis: for assisting the poor, unless the copyright owner has declared that shall notprovide, the government agency Web sites can freely provide the published worksabout assisting the poor such as plant breeding, disease prevention, disaster preventionand adapting the basic cultural needs, but must pay statutory compensation to thecopyright owner, and shall be without prejudice to other rights and interests of thecopyright holders. The proposal to increase the requirements on the networkreproduced excerpts is follow: The first is to give certain reserves right to copyrightholders and build implied license in a specific network space, The second is thatwebsites and traditional newspapers can reproduce and excerpt between each other butto respect the rights of rights holders; Third is that the number of the manifestationsand the range of reproduced excerpt works should be certain restriction. The proposalabout increasing the statutory license for the nonprofit digital library can be set likethis: Unless the copyright owners or by others has declared that shall not digitize andspread the works on the network, the nonprofit digital library can digitalize a publishedwork and spread it to the real-name registration directly by searching, browsing, or canbe controled the download through the web without permission of the copyrightowners and related righters. On the other hand is how to improve the paid mechanismof the statutory license. Firstly it needs to formulate a scientific standard ofremuneration of copyright in different forms expression of works. Secondly it needs tospeed up the pace of construction digital technology, improve the digital level of thepay system of the copyright collective management organization, and perfect the mechanism of reward collected transferred.The third is to set up the pay oversightmechanisms led by the copyright collective management organization, supervising theactual paid situation, and clear the legal responsibility of long delay or not paysafeguard the remuneration to the actual payment in order to ensure the pay real paid.