%0 Journal Article
%T Comparative Analysis of Works'''' Statutory Licensing Systems in Chinese and American Laws<br>中美著作权法定许可制度比较研究
%A LI Yong-ming
%A CAO Xing-long
%A <br>李永明
%A 曹兴龙
%J 浙江大学学报(人文社会科学版)
%D 2005
%I 
%X The object of copyright is a kind of quasipublic goods which is non-excludable and non-rival in consumption. For the purpose of making the best use of everything, qualified people and organizations are entitled to obtain statutory licenses to retransmit owners' works or distribute copies under the conditions specified by the law. The statutory licensing system in the American law is based on three principles: anti-monopolism, fair market price in negotiated terms, and maximizing the availability of creative works to the public. It affords the copyright owners fair protection to make owners' identification clear, obtain licensing fee distribution, and prohibit willful altering of the content of particular works or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program. It endows copyright users with the right of secondary transmission and fair incomes under the existing economic conditions. Both sides have the obligation to cooperate with each other for their exertion of right and acquisition of evidence in substantial law and procedural law. Neglect violation is actionable as acts of infringement and fully subject to remedies provided by the law. Notwithstanding any provision of the antitrust laws, in negotiating statutory licenses in accordance with copyright law, any copyright owners and users may negotiate and agree upon the royalty rates and license terms and conditions for the performance. In the absence of negotiated license agreement, and upon the filing of a petition, a copyright arbitration royalty panel is to determine and establish such rates and terms, considering these for comparable types of performance and circumstances under the voluntary license negotiated under market conditions. Any decision of the agency should be under judicial reviews when it is appealed by aggrieved party who would be bound by it. In the absence of the systematization of statutory licensing proceedings in the American law, China has much to do to absorb all the forenamed theories and practices. Acquiescence licensing is characteristic of the Chinese system and shows its strongpoints, which may be reserved under particular conditions.
%K statutory licensing
%K acquiescence licensing
%K making the best use of everything
%K market price
%K commercial advertising during or before or after the transmission of the program
%K availability of information
%K monopolism
%K procedure<br>法定许可
%K 默示许可
%K 物尽其用
%K 市场价格
%K 广告插播
%K 知情权
%K 垄断
%K 程序
%U http://www.alljournals.cn/get_abstract_url.aspx?pcid=01BA20E8BA813E1924CB483152CA50D4FC5BD3CBB47B847F&cid=585D04A2453D8AD5DDFFE8BE5B16E24C&jid=D60DCFE5A8F7BD187924CADC70161E70&aid=732EE2CF50DB8FB5&yid=2DD7160C83D0ACED&vid=6209D9E8050195F5&iid=E158A972A605785F&sid=771469D9D58C34FF&eid=933658645952ED9F&journal_id=1008-942X&journal_name=浙江大学学报(人文社会科学版)&referenced_num=4&reference_num=32