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The work is the logical starting point of the copyright，Make sure the author gets reasonable remuneration，It is both a legitimate reward for intellectual labor，It is also an inevitable requirement for inspiring innovation。In practice，Author generally obtain economic benefits by transferring or authorizing the use of works to developers。But，Due to the abnormal bargaining ability of the two sides and the asymmetry of information，Author often can only get very limited rewards，It can not even get any remuneration from the entire development chain of the work，Most profits are captured by developers with an advantageous position。With increasingly increasing digital markets, new economic revenue has increased rapidly，This "value gap" continues to expand，The copyright system encountered a legitimate crisis。To resolve this contradiction，It is also to establish a single digital market、Stimulate the development of cultural and creative industries，Since 2012，The EU Commission is based on the legislative and judicial practice of the EU Commission.，Exploring the EU level author's fair remuneration mechanism。The EU Single Digital Market Copyright Instructions adopted in March 2019 (hereinafter referred to，and supplemented with transparency obligations、Contract adjustment mechanism、Anti -dispute solution procedures and withdrawal rights，It had an important impact，But the possible implementation effect and future direction of its possible，There are also different understanding in the academic world。

　The background of the introduction of the EU fair remuneration system

For a long time，The main purpose of the international bet365 Play online games copyright document is to provide the minimum protection for authors and performers outside the original country，Copyright contract is not the topic of its concern。EU legislators have always been cautious about coordinated copyright contracts，It is believed that the copyright contract is the reserved legal field of a member country，The EU cannot coordinate or have no legislative authority for this。Except for a few very specific measures，There is no general clause about copyright contracts in EU laws。At the same time，Some EU member states have long realized the necessity of protecting the author's right to return，and established some rules for dealing with copyright contracts in domestic law，These rules are different，Suitable for different fields。Some countries stipulate the principle of the author's right to return，and the rules of paying in proportion to the development income of works or performances，Only in a certain situation can be allowed to pay at one time。In some areas, especially in publishing contracts，When the reward is not proportional to the income from the development of the work，The author has the right to revise the agreed remuneration，Selling Book Terms。Some countries have introduced detailed rules on disclosing copyright development and income information，and the possibility of terminating copyright transfer contracts for various reasons (such as lack of development)。In practice，Because there is no sufficient legislative plan to ensure the transparency of the contract，and most authors and performers dare not challenge developers，These good intentions have a very limited impact on the overall compensation of the author and performers。

2014，The EU Commission conducted public consultation on the EU copyright rules，Author and performers group believes that their bet365 Play online games weaker market bargaining position often leads to unfair contract terms，It is necessary to intervene in the EU。Before and after，Multiple empirical surveys also display，Most authors and performers have not received reasonable remuneration from copyright license or transfer。other，Uncertainty of the law that may cause the law that may cause the legislative differences of member states，EU Digital Single Market initiative has become a perfect tool for solving problems。EU's initial concern is the problem of lack of transparency and more effective monitoring and development income，So，The initial draft released in September 2016 contains only three terms: transparency obligation、Contract adjustment mechanism and alternative dispute solution mechanism。But，EU Parliament soon realized，Only by these regulations is not enough to effectively guarantee the fair remuneration of the author and performers，September 2018，Parliament introduced the principle of reasonable and appropriate remuneration and the clause clause。The above mechanism is also confirmed in the final bill。

　　The specific content of the EU fair remuneration system

"Directive" Article 18 First established the principle of reasonable and appropriate remuneration，That is, member states should (free use of different mechanisms) to ensure that the author and performers get appropriate and compensated compensation when they permit or transfer their own works or other objects.。"Proper and Common" refers to the actual or potential economic value of the reward should be commensurate with the actual or potential economic value of the permission or transfer right，Consider the contribution of the author or performer to the work or other objects。As a veteran principle，Its advance intervention ideas can overcome the contract adjustment mechanism to a certain extent、Revisible Bet365 app download rights and other legal measures faced in practice。One -time payment/buying is one of the biggest threats to the author's reasonable compensation，As early as 2012，The EU Parliament has called on member states to prohibit a one -time payment contract，To ensure the compensation of the author and performers with the development of their works。The preface of the "Instruction" is considered，One -time payment can also constitute a compensation for commensurate，But it should not become a convention，Member State has the right to apply the specific application of one -time payment based on the specialization of the specialty in various fields。

"Instruction" Article 19 stipulates transparency obligations，That is, a member country should be considering the particularity of various fields，Make sure the author and performers can (at least once a year) from developers to obtain the latest of their works and performance development、Related and comprehensive information。This clause is designed to solve the information asymmetry between the author and developers，It is also a contract adjustment mechanism、The necessary prerequisite for the implementation of the right to revoke。Article 20 of the instructions stipulates the contract adjustment mechanism，That is, member states should ensure that if there is no applicable collective negotiation agreement to provide similar mechanisms specified in this article，When the first agreed remuneration was proved to be significantly lower than all the follow -up related income generated from the development and utilization of performances，Author and performers or their representatives have the right to set up an additional proper and reasonable remuneration to the other party or their heirs who set up the contract with them。This clause gives the author or performer under certain conditions to change the right to change Bet365 app download right，is the core rules for achieving the authority of the author's fair remuneration，It is also the most controversial clause。

"Instruction" Article 21 stipulates that alternative dispute solution procedures，That is, member states should ensure that the author and performers are in disputes with developers due to Article 19 and 20，You can resort to a substitution dispute solution for the organization of its representative organization。The introduction of this clause has the actual evidence basis，According to the report, it shows，Countries that specify the contract adjustment mechanism，Rarely related cases，Because resorting to court is an expensive and time -consuming process，It may also destroy the relationship between the author and the developer and affect its professional prospects。Alternative dispute Solution Settlement The terms can alleviate the weak position of the author and performers，Provide a more effective and feasible relief path for it for obtaining reasonable remuneration。

　　The academic contention of the EU fair remuneration system

Most scholars support the EU fair compensation system，Julia Poriola believes it has a solid foundation for evidence，The requirements for allocation of justice，Establish a strong role model for EU copyright rules based on modernization -based modernization，Active impact on the development of the EU copyright system。But before and after the establishment of this system，There are different sounds。Defender of the principle of contract freedom, Nito Hilti, said，The right to change the right to change and withdraw the right to withdraw the right to the performance of the copyright contract，The principle that the contract must be abide by the contract，It may bring uncertainty to the expectations of contract performance，worth questioning。The principle of freedom of contract applies to problems that may occur in the copyright field，Josepina Dordo pointed bet365 Play online games out，The general principles of the contract law, such as honesty、Fairness Principles、The principle of habitual and predictability can help the court explain or amend the clause that may be unfair in the copyright contract，benefit the author，There are already precedents in practice。

The cultural market in the Internet era has the characteristics of "attention economy"，The consideration of the copyright contract is not necessarily reflected as money remuneration。Seville Dusomei pointed out accordingly，For most authors，The basic purpose of the copyright contract is to ensure the reward of the transfer of their works，But remuneration is not the only goal of the author，Enter the market and prepare for entering the market，It is also an important part of the author's expectation，Simple to evaluate the fairness of the copyright contract if the money is paid fairly。other，Works as "Experience"，Its value will only be revealed after use，This may make it difficult for people to evaluate the actual value of the work，It is difficult to give sufficient rewards for its transfer，Moreover, the developer may also bear the market risk of failed development after transferee。

Lakar Harabad while supporting the relevant terms of the instruction，It is believed that the copyright contract should not bear all the pressure that guarantees the author and performers to obtain reasonable remuneration，Presence of past experience，The legal contract rules itself is not enough。Collective negotiations can help determine and supplement legal contract rules，Improve the return of the author and performers。To sum up，EU authors fair compensation system has its theoretical legitimacy and practical necessity，Established a overall tone and framework for member states，helps to eliminate the differences of relevant laws within the European Union，But it is still necessary to implement them through Bet365 lotto review domestic legislation，Its effect also needs to be tested in practice。

(This article is the research of digital copyright governance under blockchain technology "(XSP21YBZ024) phased results)

(Author Unit: School of Grammar, Hunan University of Science and Technology)