On The Right Of The Audio And Video Recordings,

At the beginning of the 20th century the development and utilization which is recorded and produced and propagated technology has promoted the prosperity of culture greatly, appearing producers of phonograms, and broadcast and television organize subject of propagating etc. They have injected capital , technology and creative work into the spread of the works. Without their creative work, the works can not widely spread in the social range , so the law is very essential for its interests to protect.There are two ways of protection: The work borders on the protection of right or protection of the copyright. What this text recommended here is the rights of producers of phonograms. Rights of producers of phonograms means producers have a right to their recording what products enjoy specially . The protection of this right of our country starts relatively late, but development is fast. Our country has already set up the intact and independent producer's right system of phonograms. The protection of the producers of phonograms of law of amended copyright has already been unanimous basically with the international treaty in 2001, Have increased right and information Network Communications right of hiring out, and have Stipulated the system of temporary prohibition at the same time. On the basis of the thing that forefathers study , synthesizing the materials of various fields will act temporarily as describing to the rights of producers of phonograms in an all-round way systematically in this text.The full text is divided into five parts altogether on the structure:First part It is a summary of right of producers of phnograms. Proceed with concept, analyse the nature of the rights of producers of phonograms. Regard history as the line , has introduced the course that the rights of producers of phonograms produces development, Have compared the current situation about protecting with all strength of various countries, Have analysed the important meaning protected to the rights of producers of phonogram.Second part It is subject and object of the rights of producers of phonograms. One way that compare prove subject and subject of right , distinguish it and relevant concepts that come at concept, solve the mistakenideas on concept of people. Meanwhile , protect the object different from other countries after comparing the annals rights of producers of phonograms of land of our country, have analysed the reason.The third part It is a content of the rights of producers of phonograms. This part combines the international treaty and legal provisions of the countries concerned, has carried on comparative analysis to the content of rights of producers of phonograms , has analyze some views that the theory circle exists,and has mixed on some one's own opinions.This have offered the theoretical foundation for the protection of each right for recording and producing person of the law.The fourth part It is a restriction of the rights of producers of phonograms . This is the content that this text is told especially too. The beginning of this part, has regarded balanced theory of the interests as the basic point and analysed the necessity limited to the copyright and relevant rights. It makes a concrete analysis of fair use system,system of legal permition,system of forcible permition. Among them has analysed especially the fair use system , and fair use question in the network environment The ones that have still put forward and limited the right based on balanced theory of the interests have limited the question instead at the end of this part.The fifth part is about right and relieve for the right. This part has classified the right,and has put forward the application question during the process of judging and infringing of the fault principle. The part of relieve has introduced the prohibition systems of the western countries , offering certain reference for legislation of our country.