A Study On Neighboring Rights Of Broadcasting Organizations

Neighboring right also means right of disseminator of work, the disseminator holds the right based on the act of dissemination. In order to encourage broadcasting organizations to disseminate works, and restrict piracy aimed at broadcasting program, and protect the act of transmission signal, the Copyright Law of our country based on the Rome Convention grants the neighboring rights for broadcasting organizations. However, with the rapid progress of technology of information spreading, posteriority of the Rome Convention have appeared. The concept of broadcasting and other terminologies are too narrow and need extensive interpretation. Broadcasting organizations should be protected perfectly for the increasingly rampant piracy. Today, international community is taking up with updating for broadcasting organizations' neighboring rights and brought forward the Draft of Broadcasting Organizations Treaty.In our country, the broadcasting station and television station with wire or wireless or satellite are protected by the Copyright Law. Netcasting is simulate to traditional broadcasting, but it is unnecessary to protect netcasting beyond our country's state of economic development. Because the career of network in our country is just progress and the meaning of netcasting in society is ambiguous. Affection from protection of netcasting organizations is also uncertain for the development of network. The ultrahigh protection level makes according to the Draft against our development of social economic civilization and advancement of quality of the people of a nation, because we need inputting of information and the approach to obtain information for us is not abroad. Of cause, we should envisage the needs to update rights. About legislation, it is essential to detail object and exclude contents what are not protected by Copyright Law or belong to public domain from object of neighboring rights, and to protect the pre-broadcast signals, and to update rights and define qualifying clause. In conclusion, holding the trend of development in international community and considering the situation of our country, legislation will bring the positive affection for protection of broadcasting organizations and benefit for our country.