[Core Tip] The EU author’s fair bet365 games system has its theoretical legitimacy and practical necessity，Establishes an overall tone and framework for member states，Contributes to eliminating differences in relevant laws across the EU，But it still needs to be implemented by member states through domestic legislation，The effect also needs to be tested in practice。

Works are the logical starting point of copyright，Ensure authors receive fair bet365 games，It is a just reward for intellectual labor，It is also an inevitable requirement to stimulate innovation。In practice，Authors generally obtain financial benefits by transferring or licensing their works to developers。However，Due to the natural inequality in bargaining power and information asymmetry between the two parties，Authors often receive very limited bet365 games，Cannot even get any compensation from the entire development chain of the work，Most of the profits are captured by developers in a dominant position。Rapid increase in revenue as growing digital markets generate new economic revenues，This “value gap” continues to widen，The copyright system has encountered a legitimacy crisis。To resolve this contradiction，Also to establish a single digital market、Stimulate the development of cultural and creative industries，Since 2012，The European Commission evaluates the existing legislation and judicial practices of member states，Started the exploration of the author’s fair bet365 games mechanism at the EU level。The EU Single Digital Market Copyright Directive (hereinafter referred to as the "Directive") adopted in March 2019 established the principle of reasonable and appropriate bet365 games，Supplemented by obligations of transparency、Contract adjustment mechanism、Rules for Alternative Dispute Resolution Procedures and Right of Withdrawal，has had an important impact，But its possible implementation effects and future trends，There are also different opinions in the academic community。

　Background of the introduction of the European Union’s right to fair bet365 games system

　　　　，The main purpose of international copyright instruments is to provide a minimum level of protection to authors and performers outside their country of origin，Copyright contracts are not the subject of its concern。EU lawmakers have also been wary of harmonizing copyright contract terms，Considering that copyright contracts are an area of ​​law reserved to member states，The EU cannot coordinate this and has no legislative authority。Except for a few very specific measures，There are no general provisions on copyright contracts in EU law。Meanwhile，Some EU member states have long recognized the need to protect authors’ rights to fair bet365 games，And establish some rules in domestic law to deal with copyright contract issues，These rules vary，Applicable to different fields。Some countries have stipulated the principle of fair bet365 games for authors，and rules for payment of bet365 games proportionately to the proceeds from the development of a work or performance，One-time payment is only allowed under certain circumstances。In some areas especially publishing contracts，When the bet365 games is not proportional to the income from the development of the work，The author has the right to modify the agreed bet365 games，Best seller terms。Some countries have introduced detailed rules regarding the disclosure of copyright development and revenue information，And the possibility of terminating the copyright transfer contract for various reasons (such as lack of development)。In practice，Due to insufficient legislative options to ensure contract transparency，And most authors and performers dare not challenge the developers，These well-intentioned regulations have very limited impact on the overall bet365 games of authors and performers。

　2014，European Commission holds public consultation on EU copyright rules，Author and performer groups believe their weaker market bargaining position often results in unfair contract terms，It is necessary for the EU to intervene。Before and after，Multiple empirical studies also show that，Most authors and performers do not receive reasonable compensation from copyright licenses or assignments。In addition，To eliminate the uncertainty in legal application that may be caused by legislative differences among member states，The EU Digital Single Market Initiative becomes the perfect tool to solve the problem。EU initially focused on lack of transparency and more effective monitoring of development revenue，Therefore，The original draft released in September 2016 contained only three provisions: Transparency obligations、Contract adjustment mechanism and alternative dispute resolution mechanism。However，The EU Parliament quickly realized，These regulations alone are not enough to effectively guarantee fair bet365 games for authors and performers，September 2018，Parliament introduced the principle of reasonable and appropriate bet365 games and the right of revocation clause in the first reading。The above mechanism was also confirmed in the final passed bill。

　　The specific content of the EU’s right to fair bet365 games system

Article 18 of the "Directive" first establishes the principle of reasonable and appropriate bet365 games，Member States shall (free to use different mechanisms) ensure that authors and performers receive appropriate and proportionate bet365 games when licensing or transferring exclusive rights for the exploitation of their works or other subject matter。“Appropriate and proportionate” means that the bet365 games should be commensurate with the actual or potential economic value of the licensed or transferred rights，And consider the contribution of the author or performer to the work or other object。As a general principle，The idea of ​​prior intervention can overcome the contract adjustment mechanism to a certain extent、Difficulties faced in practice by ex post legal measures such as the right of revocation。Lump-sum payments/buyouts are one of the greatest threats to authors’ rights to reasonable bet365 games，Back in 2012，The European Parliament has called on member states to ban one-time payment contracts，To ensure that authors and performers are compensated commensurate with the development of their works。Article 73 of the Preamble to the Directive，One-time payment can also constitute commensurate bet365 games，But it should not become a routine，Member states have the right to define the specific applicable circumstances of one-time payments based on the particularities of each field。

Article 19 of the Directive sets out transparency obligations，That is, member states should take into account the particularities of each field，Ensure that authors and performers receive regular updates (at least once a year) from developers regarding the development and utilization of their works and performances、Relevant and comprehensive information。This clause aims to solve the information asymmetry between authors and developers，It is also a contract adjustment mechanism、Necessary prerequisite for the implementation of measures such as the right of revocation。Article 20 of the Directive stipulates the contract adjustment mechanism，Member States shall ensure that where no applicable collective bargaining agreement provides for mechanisms similar to those provided for in this Article，When the originally agreed bet365 games proves to be significantly less than all subsequent related income generated from the exploitation of the work or performance，Authors and performers or their representatives have the right to claim additional appropriate and reasonable bet365 games from the other party with whom they have entered into a development and utilization contract or their successors。This clause gives the author or performer the right to change the contract under certain conditions，Is the core rule to realize the author’s right to fair bet365 games，It is also the most controversial clause。

Article 21 of the Directive provides for alternative dispute resolution procedures，That is, Member States should ensure that authors and performers have disputes with developers arising from Articles 19 and 20，Can resort to alternative dispute resolution procedures through its representative organization。The introduction of this provision has its empirical basis，According to reports，In countries that provide for contract adjustment mechanisms，Relevant cases rarely occur，Because going to court is an expensive and time-consuming process，It may also damage the relationship between the author and the developer and affect his or her career prospects。Alternative dispute resolution procedures can alleviate the disadvantaged position of authors and performers，Provide more effective and feasible relief channels for them to obtain reasonable bet365 games。

　　Academic debate on the EU’s fair bet365 games system

Most scholars support the EU fair bet365 games system，Julia Priora believes it has a solid evidence base，Meet the requirements of distributive justice，Sets a strong example for function-based modernization of EU copyright rules，Can have a positive impact on the development of the EU copyright system。But before and after the establishment of this system，There are also different voices。Nito Hilti, defender of the principle of freedom of contract said，The system of right of change and right of withdrawal as a corrective measure during the performance stage of copyright contracts，Departed from the principle that contracts must be abided by，May bring uncertainty to expectations of contract performance，Debatable。Possible issues regarding the application of the principle of freedom of contract to the copyright field，Pointed out by Giuseppina D’Agostino，General principles of contract law such as the principle of good faith、Principle of fairness、The principles of custom and foreseeability can help courts interpret or amend potentially unfair terms in copyright contracts，Benefit the author，There are precedents in practice。

The cultural market in the Internet era has the characteristics of “attention economy”，The consideration in a copyright contract does not necessarily reflect monetary bet365 games。Severine Dussollier pointed out accordingly，For most authors，The basic purpose of a copyright contract is to ensure bet365 games for the transfer of its works，But bet365 games is not the author’s only goal，Entering the market and preparing for market entry，Also an important part of the author’s expectations，It is unfair to evaluate the fairness of a copyright contract simply by whether the monetary bet365 games is fair。In addition，Works as "experience products"，Their value will only be revealed after use，This may make it difficult to assess the actual value of the work，Therefore it is difficult to give adequate compensation for its transfer，Moreover, developers may also bear the market risk of development failure after receiving the assignment of the work。

While supporting the relevant provisions of the Directive，Considers that copyright contracts should not bear the full burden of ensuring that authors and performers receive fair bet365 games，Past experience shows，Statutory contract rules are not sufficient by themselves。Collective bargaining can help define and supplement statutory contract rules，Improving the bet365 games situation for authors and performers。In summary，The EU author’s fair bet365 games system has its theoretical legitimacy and practical necessity，Establishes an overall tone and framework for member states，Contributes to eliminating differences in relevant laws across the EU，But it still needs to be implemented by member states through domestic legislation，The effect also needs to be tested in practice。

(This article is a phased result bet365 games Hunan Provincial Social Science Achievements Review Committee’s project “Research on Digital Copyright Governance under Blockchain Technology” (XSP21YBZ024)

(bet365 games unit: School of Liberal Arts, Hunan University of Science and Technology)