The Research On The Protection Of The Broadcasting Organization Rights In The Internet Era

The Broadcasting Organization Right is an important part of the Neighboring Right belonging to the Copyright,which came into being with the emergence of broadcasting technology.With the rapid development of digital and internet technologies,the current system of Broadcasting Organization Right has exposed its limitations and lags.In order to match the development of new technologies,the members of the World Intellectual Property Organization(WIPO)are committed to improving the protection of the Broadcasting Organization Right.Meanwhile,China is also revising the Copyright Law for the third time.On the basis of clarifying the general development process as well as the main contents of Broadcasting Organization Right,the article mainly focus on the international and domestic analysis of the reform of Broadcasting Organization Right.On the international level,the article emphasizes on the comments on Draft Basic Proposal for the WIPO Treaty on the Protection of Broadcasting Organizations and other relevant important meeting documents.On the domestic level,it pays attention to the comparative analysis on the several drafts amendment to the Copyright Law in the third revision process.Finally,it concludes with several suggestions to improve Broadcasting Organization Right.Generally speaking,the article consists of five parts.Firstly,the overview of the Broadcasting Organization Right,including its generation and composition;Secondly,the challenges confronted by the existing system of Broadcasting Organization Right in the Internet era.The discussion is based on three aspectsof Broadcasting Organization Right,including subject,object and content,not only from the theoretical analysis,but also in the case of judicial practice.Thirdly,the international reform of the system of Broadcasting Organization Right as well as the analysis on the WIPO meetings and the formation of the drafts;Fourth,China's legislative improvements on Broadcasting Organization Right,including comments on the revision of the Copyright Law and the reform of relevant systems;Fifth,improvement suggestions to the Broadcasting Organization Right in the Internet era.Specially,from the perspective of the balance of interests,the article propose a balance between developed and developing countries,between traditional broadcasting organizations and emerging broadcasting organizations,between broadcasting organizations and the interests of the public.Further more,it puts forward some advice about the specific system design.For instance,set up a broadcasting organization industry association learning from the collective management system in the Copyright Law,improve the reasonable use and appropriate restriction system and so on.The innovation of the article lies in its comparative method,such as horizontal and vertical comparison.It analyzes the protection of Broadcasting Organization Right in the Internet era on the international and domestic levels.Vertically,it reviews a series of special meetings held by WIPO SCCR and relevant important meeting documents as well as the changes of Broadcasting Organization Right in the drafts amendment of domestic Copyright Law.As a result,it contributes to a clearer and deeper understanding of the reform process of the system of Broadcasting Organization Right and a better prospective of its development tendency.Horizontally,a comparison between the international and the domestic levels not only promotes mutual learning,but also contributes to more comprehensive suggestions to our reform of the system of Broadcasting Organization Right.The comparative method used by the article makes the arguments more persuasive and the conclusions more convincing.