A Research on Non-Voluntary License－ Balance of Interests in Copyright Law

• Main Authors: Hsu Pin Hua, 許炳華
• Other Authors: 蕭文生
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/31974754480975368600

博士 === 國立中正大學 === 法律學研究所 === 101 === While attention to compulsory licensing system in patent law has been increasing in recent years, the non-voluntary license (statutory license and compulsory license included) in copyright law receives less public concern. Given the condition that such laws and cases have aroused a lot of discussion in the USA and European Commission alike, the dissertation makes a novel and important contribution to this literature by examining the implications of the international copyright system on Taiwan’s. This dissertation, firstly, confirms the balance of interests as core value in copyright law, and then analyzes how to strike a balance between copyright and property right, freedom of speech, and culture rights. The research finds that non-voluntary license is one of the crucial mechanisms to add up to the core value. To sum up, the dissertation suggests to poise with the legislation of general non-voluntary licensing clauses, including statutory licensing for educational use, orphan works, and compulsory licensing for secondary transmission by cable and satellite, musical works, and unfair competition as well. The findings have significant implications for the application of non-voluntary license system in Taiwan’s copyright system, which makes the dissertation a novel and important contribution to this literature given the international adoption of copyright laws, at a time of heightened international concern over the spread of across-border knowledge flow.