Analysis Of Music Work Sound Recording Statutory License

The third amendment of China’s “Copyright Law” has been launched, and the reviseddraft also announced in succession, now published the first and the second draft, provisionsdifferences about music work sound recording statutory license area is relatively large.Copyright Statutory License refers to the user without permission from the copyrightowner in legal cases, and to the specific use of copyright, but need to pay remuneration.China’s current “Copyright Law” in the third paragraph of article fortieth specificallyprovides music work sound recording statutory license. The objective is to prevent thebuyout of copyright of music work caused the market monopoly based on protection ofmusic copyright interests, make sound recordings is much higher than the price of itsproduction costs, is not conductive to the spread of music works.China’s copyright law stipulates the music work sound recording statutory license hasbeen one since the provisions on time. Different from the academic field of views, to thefield of judicial precedent is not consistent, so greatly reduced the system.In this paper, the law as the center, a detailed analysis of practical case specificconditions on the music work sound recording statutory license involved in the law, withreference to the relevant provisions of other countries, considering the existing conditionsof our country, put forward the legislative suggestion about China’s music work soundrecording statutory license.