Research On The Infringement Of Online Set-time Broadcasting Audiovisual Works

A new type of Copyright infringement named “Online Set-time BroadcastingAudiovisual Works” has emerged in recent years as the development of network propagationtechnology. And views about the judicial affirmation of this kind of infringement vary fromcourt to court. This conflict appears not only in the judicial practice but the academic circles.The Introduction firstly introduces disagreements about the affirmation of this type ofinfringement in the judicial practice through two cases; secondly, legal questions incurred bythese cases are further presented, and the research technique of this paper is described, inaddition, the significance (including theoretical and practical significance) of this paper isalso analyzed.The main body of this paper consists of four part:The first part is the summarization about “Online Set-time Broadcasting AudiovisualWorks”, the concept of it is firstly defined, and then the reason why it is called “OnlineSet-time Broadcasting Audiovisual Works” and its connotations are introduced; secondly, thecharacteristics of it is also elaborated.The the second part, with the combination of related provisions of the Copyright Act,analyzes various views about the affirmation of the infringement of “Online Set-timeBroadcasting Audiovisual Works”. Firstly, combining with the legislative background,objective and the connotation of Right to Network Propagation of Information and case one,the conclusion that this kind of infringement cannot be covered by Right to NetworkPropagation of Information due to the absence of interactivity; Secondly, according to thelegislative background and implications of broadcasting rights, the opinion that it should beaffirmed as infringement of broadcasting right which can be applied by analogy is denied;additionally, the unreasonable points about direct application of abstract copyright is alsoexpounded; Finally, it reveals that applying the save clause of “other rights” is just a lastresort by means of the analysis of the applicable “other rights”.The third part is the analysis of causes about the difficulties of the affirmation of“Online Set-time Broadcasting Audiovisual Works”. Firstly, the fundamental reason is the“passive and adaptive” legislative model lacking perspectiveness; secondly, the direct reasonthat the technology of “tri-networks integration” induced new mode of propagation such as “Online Set-time BroadcastingAudiovisual Works”.Section IV presents the legislative assumption of ruling “Online Set-time BroadcastingAudiovisual Works”--establishing “Propagating Right”. Firstly, the necessity of theestablishment of “Propagating Right” is stated: with the advancement of “tri-networksintegration”, it is necessary to integrate rights related to propagation; Secondly the rationalityof the establishment of “Propagating Right” is described: it makes the right system ofcopyright law more comprehensive logically, and maintains technological neutrality andimproves efficiency of copyright authorization.