The Existence And Optimization Of Copyright Legal License System

With the progress of communication technology,the copyright legal licensing system has come to a crossroads,or being abandoned or continuing to move forward.The third revision of “Copyright law” on the legal license of music works was opposed by well-known musicians.And in the academic circle,some scholars even think the system should be partly or completely abolished.The main reason is that the legal licensing system without sufficient theoretical basis is just temporarily used to coordinate the distribution differences of industry interests in the early development of the communication technology,or that the legal licensing system in China has completed its phased tasks,and should gradually withdraw from the field and resume the free consultation mechanism to obtain the license.However,the current communication mode of works is the co-existence of centralization and decentralization.The legal licensing system is justified for its existence in reducing transaction costs,promoting information exchange,flourishing culture and meeting the needs of different right holders.Of course,the legal licensing system needs to be optimized in terms of the system to cope with the decentralized communication mode accompanied by the progress of communication technology.First,the "declaration of reservation" is added to the broadcasting legal licensing system,which is consistent with the other three legal licensing clauses,allowing the right holder to freely choose the way to use their works.Second,the legal licensing system of the network communication right of music works’ information is established to prevent the monopoly of music platform due to exclusive authorization.Third,with the optimizing of the determination mechanism,allowing full consultation regarding interest subjects to determine the standards of remuneration.In the absence of consultation,an experts committee composed of professionals from various areas is organized to determine the standards for such remuneration,and to establish the litigation security system for the final decision if the decision of the experts committee being opposed.Finally,the collective management organization should be optimized,including the introduction of free competition mechanism,the introduction of extended collective management organization and the optimization of compensation payment mechanism.In this way,the system of legal license can run well and achieve the institutional goals in the current era of centralized and decentralized mixed communication mode.