A Reasonable Regulation Of The Non-interactive Network Communication

In the background of the triple-play, the existing copyright law of Chinacannot regular the non-interactive network communication. This resulteddifficulties in the applicable law in judicial practice, even only withfallback provisions can we insure the interests of authors, we have anurgent need to improve the relevant regulations. In recent copyright lawrevision process, the legislators were aware of the problem, so theyadopted the broadcast rights in the second draft of the legislation.This thesis researches in the different legislative models of the non-interactive network communication, and explores the most appropriate wayto fix the legal loopholes. There’s a comparative study with theinternational conventions and national legislation.Carrying out following results: Firstly, analysis of the lack of theNon-interactive network communication behavior regulation under theCopyright Law. Secondly, finding the most suitable legislation mode forthe program.Thirdly, make a further study on the rights of broadcasting,and analysis the limitation legislative mode of the rights. Finally, alsoconsider the direction of future legislation. Realistic meaning of this thesis is to provide some references for thethird revision of the copyright law. On one side it can make a reasonableregulation of the non-interactive network communication behavior, on theother hand can make the legal system more perfect.