Study On Copyright Protection Of Live Streaming Programs

The development of network technology has greatly changed the way information transmission.In recent years,the emergence of live streaming methods has challenged the existing legal system of intellectual property rights.How to deal with the impact of the development of network communication technology is the subject.To discuss the improvement of the legal system of intellectual property rights in the development of webcast technology,copyright is the core issue.This article systematically discusses the analysis of the legal relationship of copyright as a research perspective.The legal relationship of copyright includes specific aspects of the subject matter of copyright protection,copyright content,copyright subject and attribution.This article is mainly divided into three aspects,one is to analyze the copyright protection of live streaming programs from the legal relationship itself;the second is to explain the copyright protection of live streaming programs from the perspective of the existing legal system;the third is to analyze how to develop the copyright system from the perspective of what should be done.It is divided into six chapters.The first chapter clarifies the research object and the necessity of the research.The research object of this article is live streaming programs,which can be divided into live sports events,live variety shows and live games.Research on the copyright protection of live streaming programs isthe demand for the development of the live streaming industry,and also helps to promote the improvement of the copyright law in the network environment.The second chapter analyzes the protection status of live streaming programs from the perspective of legislation and judiciary,and analyzes the current situation of the protection of intellectual property rights of live streaming programs.There are many problems in copyright protection of live streaming programs,including complex subjects,lack of consistency in the original definition and identification standards of works,vague standards for determining the type of works involved,and confusion in rights remedies.The third chapter mainly analyzes the copyright protection objects of live streaming programs,including the definition and composition of works,originality standards etc..This article believes that originality requires the work to be created independently,and at the same time reflects the choice and judgment of the author.If a live streaming program is independently created by the author,reflecting the author's personality and choice,it can be considered as original.As to the work types of live streaming programs,this article believes that the types of works related to live streaming programs are cinematographic works,and video products in the neighboring rights.The distinction between them is not obvious.In the third revision of the Copyright Law,it is recommended to uniformly define film works and video products as audiovisual works,delete the limitations of production methods and transmission methods.Chapter 4 analyzes live streaming programs from the perspective of copyright protection content,including the types of rights involved in live streaming programs,the behavior of various rights control,and which types of rights can be classified as copyright protection for live streaming programs.The provisions on broadcasting rights mainly come from the Berne Convention.It cannot control the behavior of initial limited transmission,and the broadcasting rights cannot control live streaming.The right of information spreading by network controls the interactive communication behavior,and the transmission characteristics of live streaming programs are unidirectional.The right of information spreadingby network cannot control live streaming.Broadcasting organization rights are the rights enjoyed by broadcasting organizations for their broadcast program signals.According to the existing laws,the scope of protection cannot be extended to the network environment,nor can it provide protection for the transmission of live streaming programs.The use of "other rights" to protect live streaming programs is only an expedient measure.Since the law does not specify which rights can be included in the scope of the rights,the application of the rights will bring uncertainty to the judicial decision and should be used with caution.Chapter 5 analyzes live streaming programs from the perspective of copyright protection subjects and rights attribution.The stakeholders involved in the live streaming programs include the producer,creator,communicator,performer,and author of a single work in the program.According to the current copyright law,the producers of live streaming programs should enjoy the copyright of the works;according to the manuscript submitted during the third revision of the copyright law,the copyright ownership of live streaming programs should be prioritized from agreement,if there is no agreement or the agreement is unclear,property rights are enjoyed by the producer.Chapter 6 are proposals for improving the copyright protection of live streaming programs.Based on the analysis of the above five chapters,the basic principles should be clarified for the protection of intellectual property rights of live streaming programs.It also analyzes the suggestions for improving the copyright protection of live streaming programs from the perspectives of law as it is and law as it ought to be.