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The Legitimacy Basis of Copyright Statutory License

Zhang Man  
The legitimacy basis of copyright statutory license can be analyzed from three levels. Firstly to maintain the balance between the various interests lied in copyright law field and secondly to promote the free speech and cultural prosperity, and lastly to boost the creation of derivative works, among which maintaining the balance of various interests and promoting the free speech are the basic character of copyright limitation system. However, encouraging the creation of derivative works and solving the legal difficulty of creation of derivative works in present legal framework only can be done by statutory license. Therefore, the legitimacy analysis of statutory license should involve the similarity and individuality, both of which constitute the basis of legitimacy of statutory license.
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