On The Perfection Of Broadcasting Organization Right System

The emergence of broadcasting organization right system is the result of the continuous development of information dissemination technology.Although as the disseminator of works,as well as performers and recorders,the protection of broadcasting organizations is much more complicated.The system of broadcasting organization right originated from the wireless communication technology in the 1920 s.With the development of broadcasting and television industry,the phenomenon of unauthorized broadcasting of broadcasting signals is becoming more and more common,which seriously damages the interests of broadcasting organizations.They urgently hope that economic investment in the process of disseminating works can be protected by law.To this end,the international community adopted the Rome Convention based on wireless broadcasting technology,which established the basic framework for the protection of broadcasting organizations by creating t neighboring right and became the blueprint of legislation in many countries.After wireless broadcasting,cable broadcasting,satellite broadcasting and broadcasting through the Internet have been widely used.At the same time,various new types of piracy emerge in endlessly.The existing three conventions for the protection of broadcasting organizations can no longer meet the interests of broadcasting organizations in the new environment of communication technology,resulting in the imbalance of interests between broadcasting organizations and other stakeholders,and improving the existing broadcasting organization right system will be the only way to solve the problem.At present,the international community still has different opinions on the protection of broadcasting organizational rights in the digital environment,but many beneficial results can not be denied.Especially on some key issues,the opinions have gradually converged,which undoubtedly has important reference significance for countries to improve the system of broadcasting organizational rights.The broadcasting organization right system in the Copyright Law of our country refers to the existing Convention legislation.Under the background of the combination of Internet and digital technology,especially the integration of three networks,the lag of its protection is prominent.Specifically,the protection of broadcasting organization right system in China is facing the dilemma of the subject scope of rights to be broadened,the object of rights to be defined unclearly and the content of rights to be limited.Based on the results of the current World Intellectual Property Organization Copyright and Related Rights Committee(hereinafter referred to as the World Intellectual Property Organization SCCR)meeting and the legislative practice of relevant countries,this paper holds that when amending the Copyright Law for the third time,China should expand the scope of the main body of broadcasting organization rights,clearly define the object of rights as broadcasting signals,and expand the existing rights.At the same time,we should adopt the legislative mode of combination of authorization and prohibition to protect the content.