版权, 运行的电子控制与大众市场许可: 对美国《 统一电脑资讯交易法》 若干制度的法经济学分析

As a positive respond to the challenges of the digital age, UCITA as a legislative achievement has profound theoretical and actual value. With its "market dichotomy" and mass-market license, electronic regulation of performance and electronic self-help regime, it is actually trying to build a set of license regime which advocate "Price Discrimination Scheme" and the combination of the license contract and electronic regulation measures, to achieve the state of efficiency maximum. But this kind of theoretical efficiency maximum may conflict with the final objective of the Intellectual Property Law. Thus, in the progress of building China's copyright license regime and rebuilding our Intellectual Property Law, we should consider our national intellectual property strategy in a macroscopic perspective and perfect our fair use regime, then leave due space for the balance between copyright interests and public interests.