广播电台电视台播放作品法定许可问题研究-华东政法大学图书馆.pdfVIP

Abstract: The provision of statutory license for the using of works by broadcasting organizations is approvable under “Bern Convention”, which is also adopted by some countries in the world. Substantially, the statutory license should be identifi ed as a kind of limitation on copyright, which is benefi cial in the following aspects: decreasing the cost of copyright trade, restricting the monopoly of copyright so as to promote the transmission of works, ensuring the public’s acquisition of information and securing the copyright holders’ gain of fair payment. In order to elevate the performance of this system, the payment system and remedy system should be perfected when amending “Copyright Act”, for example, straightening out the legislative structure of statutory license system, building up a recording system for using works by broadcasting organizations, providing that the copyright holders have right to check using records and the users are obligated to notify their using, rationalizing the payment standard for using works by broadcasting organizations, establishing a negotiation system for deciding payment and a system for arbitrating arguments, adding a system for suspending the statutory license for using works by broadcasting organizations, and fi nally strengthening the remuneration caused by infringement