A Study On Right Of Broadcasting

The provision of right of broadcasting in current Chinese CopyrightLaw comes directly from Berne Convention and can’t adapt itself to thedevelopment of broadcasting technology. Accordingly, the coverage ofright of broadcasting has to be updated. Interactive communication hasbeen made possible since the beginning of Internet era. therefore, thedevelopment of technology brings another question as to whether right ofbroadcasting should extend its coverage to the interactive communication.This thesis aims to provide suggestions to third amendment of ChineseCopyright Law by clarifying the coverage of right of broadcasting and theline between right of broadcasting and other rights of copyright.The thesis consists of three sections.The introduction section states author’s motive of writing thispaper, that is, to provide suggestions to third amendment of ChineseCopyright Law regarding right of broadcasting by analyzing the relevantacts of broadcasting as well as the line between right of broadcastingand other rights of copyright.The second section consists of five chapters:Chapter I analyzes first the reasons for copyright law to stipulatebroadcasting and the relationship between right of broadcasting and otherrights in general. Then by introducing the development of broadcasting technology and the history of coverage expansion of rights such as rightof performance, this chapter comes out with the conclusion that thecoverage of right of broadcasting should adapt to the development ofcommunication technology.Chapter II analyzes the genre of acts that wireless broadcastingshould have included before the Internet era by focusing on the satellitebroadcasting. The conclusion it that wireless broadcasting should coverall non-interactive communications which are realized by wireless means.Chapter III first clarifies that Berne Convention doesn’t cover allkinds of wire broadcasting. On the basis of the analysis on the attributeof wire broadcasting, a conclusion is made that the right of broadcastingshould cover the act of wire broadcasting. By analyzing the provisionsof WCT and relevant legislations from different countries, the chaptercomes to its conclusion that wire broadcasting should cover allnon-interactive communications which are realized by wireless means.Chapter IV focuses on the problems that are brought by communicationsin Internet era. By analyzing the attributes of webcasting and VOD, thechapter comes to its conclusion that webcasting is non-interactivecommunication which should have been covered by right of broadcastingwhile interactive communication such as VOD is not a kind of broadcasting.Chapter V first points out the defects of China’s legislationregarding right of broadcasting, that is:1. right of broadcastingdoesn’t cover wire broadcasting;2.right of broadcasting and right ofdissemination via information network both don’t cover webcasting;3.The line between right of performance and right of broadcasting is notclear. On the basis of Chapter I to Chapter IV, this chapter brings forwardthe viable models and ways of Copyright Law amendment in respect of rightof broadcasting.The ending section sums up the conclusion of the thesis.