Research On The Right Of Broadcasting Organizations In Network Environment

In order to protect the legitimate interests of broadcasting organizations as information disseminators, national copyright laws and international conventions provide for terms of protection of the interests of broadcasting organizations since the birth of broadcasting technology in the early1900s.However, along with the rapid development and wide application of network technology, it brings a huge challenge about protection of the right of broadcasting organizations in network environment. Faced with an increasingly serious piracy behavior, broadcasting organizations hope to improve the level of protection of interests in the network environment. However, the protection of the right of broadcasting organizations involves not only the interests of protection of the broadcasting organizations, but also relates to the interests of the public accessing to information in the network environment. Therefore we improve the protection of the interests of broadcasting organizations, at the same time we should take into account the public interest specially. This paper mainly focuses on the three aspects of legal issues in-depth analysis. These aspects involve the change of the broadcasting organizations in the network environment, the expansion of the rights, the protection and the limit of the rights. It puts forward specific suggestion of legislative perfection about the protection of the right of broadcasting organizations by combining with the existing provisions of the Copyright Law in our network environment.Full text of the structure is divided into five parts:The first part is the general analysis on the right of broadcasting organizations in network environment. Starting from defining the right of broadcasting organizations in the traditional environment, it analyzes the subject, object and content of broadcasting organizations in traditional environment. At the same time, it elaborates the importance of the right’s protection of broadcasting organizations from the angle of the right’s the rationality and the enactment of legislation. Finally, it analyzes the challenges faced by the right to broadcasting organizations in the network environment, and reveals the practical significance of the study in the network environment.The second part is the subject of rights of broadcasting organizations in the network environment. It presents the range of subject by starting from the rights’concepts and types in traditional broadcasting organizations. Then it elaborates the legal status of network broadcasting organizations and analyzes the two different views on this issue in two-pronged approach, and then clears the true scope of the subject of broadcasting organizations in the network environment. The third part is the content of rights of broadcasting organizations in the network environment. It elaborates the content of rights of broadcasting organizations around the relevant provisions of international conventions. Faced with the problems of the rights of broadcasting organizations, it amends the content on right of retransmission, right of fixation, right of reproduction and right of communication to the public. At the same time, it dwells on the related stipulations of the content of the WIPO treaty draft on right of transmission following fixation, right of making available of fixed broadcasts and right of distribution and adds the content of rights of traditional broadcasting organizations.The fourth part is the protection and limitations of the right of broadcasting organizations in the network environment. Combined with foreign legislative experience, it elaborates on the technical measures for protection of broadcasting organizations and rights management information and reveals the practical significance of the protection of broadcasting organizations in the network environment. At the same time, based on considerations of social and public interests, it advocates the rights’protection of broadcasting organizations to be limited as appropriate in the network environment by analyzing reasonable use and the term of protection.The fifth part is legislative perfection of the right of broadcasting organizations in network environment in China. On the basis of the foregoing interpretation and analysis, combined with China’s actual conditions and legislative situation, it elaborates how to improve the rights’protection of broadcasting organizations in China’s Copyright Law under the network environment from the subjects of rights, content of rights and the protection of the rights and limitations.