The Protection Of The Right Of Broadcasting Organization Under Network Environment

With the rapid development of network technology, the innovation of broadcasting technology become faster and faster, the widely application of Net broadcasting technology makes broadcasting activities on the network more frequent. As a result, people will become more convenient and quick to get the radio programs and information. Under the network environment, all kinds of illegal broadcasting increase rampantly, causing great damage to the legitimate right of broadcasting organizations.While the current system of right of broadcasting organization failed to define or regulate the new broadcasting activities which appear on the network environment. Lag of legal system lead to the convenience of infringement and makes the legal holders can’t get legal relief to protect the reasonable interests. International community also launched a discussion and research about the tort predicament of the broadcasting organization under the network environment for many times, the problem has aroused people’s enough attention. In the social practice of our country, broadcasting organizations also have the problem of the protection of rights under the network environment. The Internet industry in our country is in a ferment, facing all kinds of problems of infringement causing by the network technology, how to balance the needs of technology development and the holder of the broadcasting organizations, how to balance the interests of all parties by our legal rules to make the law can meet the need of the development of the society but hinder the development of the society becomes important. It is the purpose of this study, this paper hope to find out the troubles of protection of broadcasting organizations by analyzing the problems of the protection of broadcasting organization under the network environment. Then put forward some methods to solve these problems on the basis of combining with the practice of our country and referring to some experience of the international community, to perfect the system of right of broadcasting organizations in our country.The first part of this paper is to analysis of the existence problems of protection the right of broadcasting organization under the network environment. On the basis of the practice of our country, analyzed the new form of broadcasting organization called the webcaster that appear under the network environment in our country. As the emergence of the Webcaster, our legal entity system of right of broadcasting organizations facing the new challenge that whether it include the Webcaster, which is worth discussing and thinking. In addition, the legal object of broadcasting organizations also appear new forms called digital radio signals and Internet radio signals in the practice. Whether to protect the two signals becomes the new problem of legal object system of the right of broadcasting organizations. Finally, see from the right content of the right of broadcasting organizations, the problems existing in the network environment is more prominent, the rampantly network broadcasting infringement makes us know that the system of right of broadcasting organization in our country has lots of loopholes. For example, the connotation of broadcasting in our copyright law is so narrow that could not define the nature of network broadcasting; the recording rights also could not rule the temporary recording actions on the network, it is necessary to clear the problem that whether the recorded behavior include the temporary or the short recording actions that exist in the network environment. As to the replay and the on-demand replay in the network, our law could not regulate the two kinds of behavior without the provisions of copyright. It also means that the law failed to protect broadcasters in the situation that facing the illegal replay and on-demand replay. Therefore, our system of right of broadcasting organizations has a lot of problems, and it can’t adapt to the needs of the development of social and technology.The second part is to define the legal status of new type of network broadcasting organization in our country. The main body of a right is the holder of the right, whether the network broadcasting organizations can become the subject of right of broadcasting organizations in our country means that if it could be the holder of the right of broadcasting organizations in our country. In this paper, on the basis of studying the main types of right of traditional broadcasting organization, summarizing the elements of becoming the entity of the rights, then analysis the subject status of the network broadcasting deeply. By combing the controversy of all the parties that whether the webcasters can become the subject of right of broadcasting organizations, put forward some reasons to argument on whether should protect the interests of the webcasters in our law.The third part is to expand the scope of the object of broadcasting organizations under the network environment in our country. Whether the object of the right of broadcasting organizations in our law should include the two new forms of the object above is the problem to be solved in this part. There have been a big controversy about the object of right of broadcasting organizations. By analyzing the theory about the object of right of broadcasting organizations, put forward some own views. And also analysis that whether protect digital radio signals and Internet radio signals.Finally, discussing the content update of the current regulations of the right of broadcasting organizations. Basis on the analysis of the loopholes of broadcasting organization in the first part, expanding the explanation of the connotation of the current law of our country respectively. Expanding the explanation of the connotation of the rights of broadcasting is to define the actions of network broadcasting. And defining temporary recording actions in the network as recording, regulating the actions via the prescribed of the recording rights. As to the lack of regulation of the network replay and network on-demand replay, should refer to the experiences of the legislation in international community and the views of various scholars on the problem. Then from the actual situation of our country, suggesting that add two new kinds of rights. By updating the content of right of broadcasting organizations in our country, to better protect the legitimate interests of the broadcasting organization under the network environment, to suppress the network infringement behavior in order to safeguard social fairness.This paper uses three kinds of research methods. First of all, is the method of law doctrine study. The method is based on the description and interpretation of the current law, to do some research on the existing legal norms systematic, thus put forward the suggestions to solve the problem. By analyzing and studying the system of right of broadcasting organizations systematic, discussing the difficulties and problems that about the main aspects of the system of right of organization of broadcasting under the network environment, put forward the suggestions to solve the problem of the system which contains three aspects. Making certain analysis on existing legal norms, in order to perfect the current laws. Secondly, using the methods of comparative law study. Comparison method is by comparing the various provisions of the same legal issues, draw lessons from a variety of possible legislation pattern or solution, to answer the same issue. This paper use the methods of comparative law study, such as refer to the legislation about the network replay behavior and network on-demand behavior in the international community, which studying the legislation of other countries to provide the solution about the problem in our country. In the end, using the method of empirical analysis study. Studying the system of right must be on the basis of the problems or the specific examples existing in the practice, the same to the improvement of the system of right of broadcasting organizations. Therefore, starting from network infringement in practice, analyzing the difficulties on the protection of broadcasting organizations under the network environment in our country, to put forward some relevant suggestions that about the right system of broadcasting organization in our country to solve the actual problem in the view of empirical perspective.This article mainly lists the three aspects of content on protection problems of broadcasting organization under the network environment in our country. From the main body of the right, the network broadcasting organization exist widespread in practice and it is necessary to define its legal subject status. From the object of the right, whether to protect the digital radio signals and Internet radio signals. From the regulation of the right, the right of broadcasting in our law could not define the network broadcast behavior; the rights of recording could not clearly define the temporary or short-term network recording behavior; and our copyright law could not regulate the replay and on-demand replay behavior on the network which both damage the interests of the holder of the broadcasting organization. On the discussion about elements of the main body of broadcasting organizations right in our country, this paper argues that only the broadcasting organizations that produce and broadcast radio program to the public can become the subject of right of broadcasting organizations. In addition, through the analysis of the factors, this paper argues that it is not suitable to provide legal protection to network broadcasting organizations temporarily and should not to put them into the category of the main body of right of broadcasting organization. About digital radio signals and internet radio signals in the network environment in practice, this paper argues that the object of right of broadcasting organization can be defined as information flow, and through the argumentation and comparison, also thinking that our country should be to protect digital radio signal and should not be given legal protection for internet radio signal. About content updating of the right of broadcasting organizations in our country, this paper argues that should expand the connotation of rights of broadcasting organization and define network relay as broadcasting, through the rights of broadcasting to regulate the behavior; Also defining short-time recorded behavior in the network as recording, through the provisions of recording rights to control the behavior; In addition, should add the right of "replay", making the right of broadcasting organization can regulate network replay behavior; should add the right of making available of fixed broadcasts, making broadcasting organizations can prohibit unauthorized on-demand replay on the network.