Research On Neighboring Rights System From The Perspective Of Interest Balance

The "Copyright Law" amendment has attracted the attention and discussion of various sectors of the community.The draft submitted for review has cancelled the original "video production" and classified it as "audiovisual works" for protection,and increased the acquisition of performers and producers of record music.The right to remuneration,while modifying the specific implementation plan for the collective management system,has aroused the dissatisfaction of the majority of creators while expanding the interests of neighboring right holders.Taking this as an opportunity,this article analyzes the related legal systems of China's current neighboring rights,and uses the various aspects of the subject,object,and content of neighboring rights as the entry point to explore the existing predicament of the neighboring rights system and discuss its solutions.The system of neighboring rights is based entirely on the law.Therefore,legislation must pay attention to the application of the theory of balance of interests.The revision of the copyright law is essentially a search for a more balanced focus between the parties involved in the neighboring rights.The balance of interests among the communicator,the communicator and the user.At the same time,the realization of neighboring rights needs the support and guarantee of lawsuits and other related laws,so the legislation on neighboring rights must maintain consistency in its structure and connotation.In addition,domestic legislation and international legislation maintain a relatively stable and balanced relationship,which is conducive to more extensive protection of the rights and interests of neighboring right holders.Only by properly considering these aspects can we build a more complete and efficient system of neighboring rights.Considering the balancing of interests of all parties,in the restriction of neighboring rights,based on the consideration of the original interests of the original author of the work,the situation of "reasonable use" needs to be improved,especially for the new types of "P2P"emerging in the modern network environment.Whether or not the mode of dissemination constitutes a reasonable use situation should be more clearly defined;secondly,based on the consideration of the interests of the communicators,the neighboring right should be expanded following the development of the cultural society,and the right to "science version" and "no originality database" should be added.Subjects,and rights such as "remuneration",etc.;at the management system level,a more reasonable and efficient collective management system should also be formed through strengthening cooperation with international neighboring collective management organizations.