Historical Development "Copyright Law" Statutory License System Research

In the context of the official start of the third revision to the Chinese CopyrightLaw in2011, the dissertation concentrated on a “Compulsory License”, one of thesystems of limiting the power of the copyrights and summarized thoroughly the“merits” in the history of the development of Chinese Copyright Law by analyzingand researching the same system (the system of limiting the power of rights) ininternational community. Moreover, having combined with the practical traits andtasks, the writer made comments on the “advantages” and “disadvantages” of the lawhad been or would be amended and, on this basis, gave her own advices. The maincontents of the dissertation are as follows:1.The Definition And Theoretical Basis of Statutory License or Copyrights.The dissertation analyzed the definition of statutory license and other similarconcepts and, especially, recognized the difference between the similar concepts of allsystems of limiting the power of copyrights, e.g.: statutory license, fair use, andcompulsory license. Moreover, the writer analyzed the different definitions andtheoretical basis for statutory license system in order to clarify its necessity andfeasibility, which not only pushed the social prosperity and development but protectedthe economic rights of the copyright holders as well.2.The History of The Development of The Statutory License in ChinaStrictly following the development history of the system in China, thedissertation discussed one by one the different stipulations in the different periods andcompared the changes of the systems had happened in the new ages. But above all,the dissertation made comments on the “advantages” and “disadvantages” of Chinesestatutory license systems in the different ages and provided the foundation andreference for the third amendment for Copyright Law.3.The Amendments For Statutory License System Had Made in The ThirdAmendment (1st,2ndand3rdVersions of Draft) And Legal AdvicesThe third amendment for Chinese Copyright Law started in2011that had been highly anticipated by lawmakers and the public after the first and the secondamendment.In the third amendment, the great changes had been made to the statutorylicense which included but not limited to as follows: the statutory license systems forteaching materials, newspapers and magazines, phonograms, radio and television.What’s more, the procedural rules (Draft：Article48) of the application of thestatutory license system was added into Chinese Copyright Law for the first time,which provided legal basis and instructions.Finally, based on the comments on the “advantages” and “disadvantages”, thedissertation proposed the writer’s own specific suggestion for the third amendment ofCopyright Law.