Study On The Rationality Of Expansion Of Therights Of Broadcasting Organizations

Since the Rome Convention initially established the rights ofbroadcasting organizations, the scope of such rights have been expandedby adding new subjects, subject matters, content of rights and technicalmeasures. The expansion of such rights means the redistribution ofinterests. The rights scope of broadcasting organizations, acting as thedisseminator, impacted the rights and interests of the public, authorsand related right owners. In order to ensure the interests balance of allparties, the study on the expansion of such rights shall be carried outappropriately. This thesis aims to particularize all kinds of such rightsexpansion, dig into the internal reasons for the expansion, analyze therationality of the expansion and define the boundary of the rights of thebroadcasting organizations. This thesis contains four chapters:Chapter one particularizes the expansion of the rights ofbroadcasting organizations in subjects, subject matters, right contentand technical measures based on provisions of such rights in internationaltreaties and legislations of both domestic and abroad.Chapter two digs into the reasons for the expansion of such rights.This chapter consists of three sections. Section one introduces the revolution of the broadcasting techniques since wireless broadcasting wasinvented. Section two introduces the changes of humans’ behaviorpatterns under the impact of new techniques, especially the alterationsof ways signals and recordings thereof are used under the impact of digitaland network techniques. Section three introduces the changes of theexistence conditions of broadcasters under the impact of new techniques.Then concludes the causes lead to the expansion of such rights.Chapter three analyzes the expansion of each element of the rightsof broadcasters and defines the limitation of such expansion based on thelegislative purpose of the rights of broadcasters. This chapter consistsof three sections. Section one analyzes the rationality of the protectionof webcasters against unauthorized usage of recordings with their signalstherein from the perspective that the investment of these broadcastingorganizations shall be protected. Section two analyzes the rationalityof the expansion of ways signals are transmitted, the protection of thesignals prior to broadcasting, the expansion of the rights ofretransmission and the regulation of the behavior of communication to thepublic from the perspective that the expansion aims to adapt to thedevelopment of techniques. Section three analyzes the rationality of theregulation of the deed avoiding technical measures and the deed usingrecordings with signals therein from the perspective that the interestsof all related parties shall be balanced.The last part summarizes foresaid points, analyzes related issues inthe third modification of Copyright Law of China and proposes suggestionsfor provisions regulating broadcasting organizations in China.