On The Protection Of Broadcasting Organizations' Rights In Network TV

In the policy context of three network integration, the terminal platform receiving information can perform all the functions which Broadcast & Television, Internet and Telecommunication Networks possess. Proceeding from the subject--Broadcast Organization, the author indicates from the perspective of network television that the boundary between Broadcasting Right and Communicating Right of Information Network is indistinct and should be adjusted reasonably according to the current situation of judicature. Nowadays, the contents of Broadcast Organization Right hasn’t been extended to internet fields, as the result, it is easy for the infringers to rebroadcast unlawfully TV programs utilizing the law blank on the web TV platform. As the subject of Broadcast Organization Right--Broadcast Organization, it is not given Communicating Right of Information Network in the law of China Copyright. Through the integration of three networks, the connotation of Broadcast Organization tends to magnify. Meanwhile, the law should extend the scope of the subject--Broadcast Organization properly and protect its Communicating Right of Information Network.The author thinks Broadcasting Right and Communicating Right of Information Network should be re-scanned from the right’s substantive characteristics, which has important theoretical significance to perfect China Copyright and practical significance to emerge new cases in the course of juridical practices. Re-scanning Broadcasting Right and Communicating Right of Information Network is a key measure in the policy development of the integration of three networks, and one of the most important reasons integrating three networks slowly is that the copyright which technology integration brings is not clear.The thesis consists of the following five sections:The first section is introduction. It briefly introduces the current research situation of Broadcasting Right and Communicating Right of Information Network. Through the current situation of legislation home and abroad, important value of this text’s topic is confirmed.Domestic background that network television appears is introduced in the second section. Web TV is the product appearing against the background of the policy integrating three networks. Hereinafter, the development situation of integrating three networks is further expounded. Some thoughts which web TV brings China copyright are elicited via choosing one of the most representative cases.The third section raises some questions and analyzes the reasons that cause them. On the base of introducing IPTV operation, the author points out the challenges which web TV brings existing legislation in China. Present situations which related cases present that justice is disordered are collected applying Positive Analysis Method, and that the reasons causing the disorder lie in transplanting international agreements insufficiently is further analyzed.The forth section mainly draws lessons from the routes and legislation modes protecting copyright in some other countries. Firstly, three main kinds of transmission legislation modes, such as Implication Mode, Recombination Mode and Addition Mode, are analyzed. Then, on the base of the three modes, some proposals aiming at China copyright in the field of propagating legislation are offered.Problems are mainly solved in the last section. At first, the concept-Broadcast Organization is clarified and some suggestions enlarging the subject are made; Secondly, Broadcast Organization should be given Communicating Right of Information Network, and Organizing Right of Broadcast should be extended to Internet to amplify the power scopes of Broadcast Organization; Finally, acting in operation with the cases in the second section, the power nature of some new functions in Web TV is stipulated.