| The statutory license system,as a system that takes into account the balance of interests of all parties,combines the deprivation of copyright holders ’rights and the protection of copyright holders’ rights to remuneration,so as to promote the wider dissemination,appreciation and re-creation of works.An important part of the copyright restriction system.The statutory license remuneration system is an important button to achieve the balance of interests under the statutory license system,and it is the key to the smooth operation of the statutory license system.In view of this,it is necessary to carry out in-depth investigations on the practical issues,theoretical basis,extraterritorial norms and improvement measures of the statutory license remuneration system.This article uses the "arousing questions-analyzing questions-solving questions " to research paradigm as the basic research model,and uses economic research,comparative research,empirical research and many other research methods in four parts to comprehensively discuss the legal license payment system.In the first part,this article discusses the practical issues of China’s legal license payment system.First,the current status of the legislation is clarified through a comprehensive summary of the statutory license pay system in China’s current Copyright Law and related laws and regulations.The existing dilemma of application was analyzed;finally,the current law dilemma was determined through an in-depth discussion of the statutory license remuneration payment system during the third revision of the Copyright Law.In the second part,this article analyzes the legitimacy and rationality of the statutory license payment system under the principle of balance of interests.First,it briefly discusses the principle of balance of interests and its reflection in the intellectual property law and copyright restriction system;second,from the perspective of jurisprudence,analyzes the legal license payment system from the perspective of labor value theory and personality value theory;From the perspective of economics,this paper analyzes the statutory license pay system from the perspective of fairness and efficiency theory and cost and benefit theory.In the third part,this article analyzes the status of international treaties,the legal license payment system of the United States and Germany from the perspective of legislation and practice,with a view to seeking reference.First of all,it sorted out the provisions of the Berne Convention and the World Intellectual Property Organization’s statutory license pay standards.Second,it analyzed the US statutory regulations on statutory license fees and specific ruling procedures in judicial practice.Finally,the German " The right to compensation claims in the Copyright Law has been analyzed legislatively,and the characteristics of its compensation system have been thoroughly analyzed.In the fourth part,this article puts forward systematic suggestions on the establishment and improvement of China’s statutory license remuneration system.First of all,for the formulation of remuneration standards,a "Trinity" statutory license remuneration standard model was proposed-with copyright industry payment standards as the mainstream,remuneration standards regulations as the bottom line,and parties’ negotiated payment standards as an exception;Secondly,it gives specific suggestions on the improvement and realization of the copyright collective management organization in terms of the collection and transfer mechanism and distribution mechanism.Finally,the corresponding auxiliary system of the statutory license remuneration system is improved,which is mainly reflected in the improvement of the legal liability investigation system. |
