美國著作權法定授權制度之研究

The Research of Copyright Compulsory License in U.S.

This paper uses previous court cases in the U.S. as the frame of reference and finds that there were many times American courts could not decide people infringe copyright by using the new communication technology since the technology is not within the scope of copyright regulation. However, the courts also pointed out that this type of issue should be further addressed by the Congress. American Congress often finds that copyright holders are not willing to use new technology, because they want to protect the old communication medium. Thus, the Congress has to take compulsory licensing model to forces copyright holders using of new communication technology. This paper also explains that compulsory license can prevent copyright holders from monopolizing their copyrighted works, make license fee reasonable, and assist transformation of industries. There are some types of copyright compulsory license in Taiwan’s Copyright Act, but not as the same as the types in U.S.. This paper dis- cusses whether there is a possible compulsory license can be adopted which may force traditional copyright owners to transform into new technology markets.