Research On Fair Remuneration System Of Copyright Law

Around the development and marketing of a series of cultural creativity and industrialization in the field of intellectual property,the creative cultural industry has been formed.With the advent of the Internet era,the conflict of interest in this field has intensified.In order to benefit as soon as possible,creators usually use intermediary to trade copyright with users indirectly.When creators and a intermediary conclude a contract,they are often at a disadvantage because of the unequal negotiation status.In addition,the value of the work can not be estimated before it is put into the market,and the remuneration initially agreed by both parties must be low due to the weak position of the creator.When the contract enters into the performance stage,in order to obtain the continuous benefits after the license or transfer of the work,the intermediary usually "buy out" all the rights of the creator in the contract to avoid the control of the creator over the work,which may lead to the imbalance of the interests of the relevant subjects.When the Intermediaries are lazy in developing and utilizing the works,on the one hand,the creator’s ideological information can not be spread,and some reputation and social status may not be obtained;on the other hand,it reduces the contact area of the end users to the works,indirectly damages the users’ right to choose the works,and also damages the social and public interests.When the intermediary exploits the works and the works sell well,compared with the remuneration agreed with the creator at first,the developer’s income is obviously too high,and the creator can’t share the follow-up income of the works.In addition,Intermediaries can’t share the profits gained by using works to implant a large number of advertisements.The core of fair reward system in copyright law is contract adjustment mechanism,which is a creative breakthrough to the principle of autonomy of will in copyright contract.This system aims to control the laissez-faire in the field of contract and realize the function of corrective justice.It is necessary for China to find a solution to the conflict of interests in the field of copyright in the current digital era.This paper is divided into four parts:The first part explores the basic theory of fair remuneration system.As for the fair remuneration system,many countries have made relevant provisions in the legislation,but there is no clear definition.According to the detailed regulations of the EU on fair remuneration system,it can be considered that the so-called fair remuneration system is a kind of right protection for the interests of creators by granting the creators the right to change and terminate the unilateral contract under certain circumstances and imposing the obligation of information disclosure on the works or performances of industrial developers in order to realize the good operation of copyright market order Mechanism.It is necessary to compare and analyze the similarities and differences of several systems,so as to correctly understand the nature of fair remuneration system.In addition,according to the academic classification of the fair remuneration system,this paper gives a brief overview of the pre and post fair remuneration system.The second part is the feasibility study of constructing fair reward system in China.The establishment of fair reward system has enough theoretical support.In view of the unfair transaction results,it is in line with the legal,fair and just value orientation to give relief to the creators.As an ancient principle of civil law,the rule of extraordinary loss aims to realize the value balance of the parties’ treatment of payment from the perspective of contract justice,which is also contained in the fair reward system.In addition,the principle of natural law and the theory of pragmatism also provide theoretical support for the fair reward system.In practice,China has the realistic guarantee to introduce the fair reward system.China’s cultural market is booming,people’s consumption view has changed greatly,cultural consumption has become a universal demand,and cultural industry has entered the golden stage of development.At the same time,China’s policies and regulations are also improving,constantly in line with international standards,domestic laws and policies of our country continue to mature,China has completed the third revision of the "copyright law",and the policy is also constantly releasing dividends for the cultural industry.All these provide a good realistic environment for our country to introduce the fair reward system.The third part is to clarify the dispute of fair remuneration system.There are many controversies on the construction of fair remuneration system,so it is necessary to sort out and clarify the focus of the dispute.With the development of society,the trade status of creators has improved,and the work developers still occupy the dominant position,and the interests of creators still need to be protected.Although the fair reward system interferes with the autonomy of will to a certain extent,it does not conflict with the principle of freedom of contract.Fair reward system can effectively protect the interests of creators and achieve the balance of interests among creators,developers and users by intervening in the autonomy of will in the field of copyright.The operation effect of fair reward system is indeed uncertain.When we introduce it,we can’t copy the mode of other countries.We should analyze the different operation effect of different countries and reconstruct it according to our national conditions.The fourth part is the construction of fair reward system in China.Through the analysis of the practical difficulties of our country and the operation effect of different fair reward modes in various countries,we can build a fair reward system suitable for our country.At the same time,considering the national conditions of our country,aiming at the problems that the fair compensation system may face,we should improve the relevant supporting measures.