Research On The Object Of Broadcasting Organization Right

In recent years,with the widespread application of digital and network technologies,the pirating of broadcast signals has become increasingly rampant,which has seriously harmed the interests of broadcasting organizations.From 1998 to 2017,the Standing Committee on Copyright and Related Rights of the World Intellectual Property(SCCR)held several meetings to formulate the World Intellectual Property Organization Treaty on the Protection of Broadcasting Organizations to deal with the protection of the rights of broadcasting organizations in the network environment,but so far So far,countries have not been able to agree on the content of the treaty.In particular,the subject of the right of broadcasting organization has always been debated.The establishment of the right to broadcast organizations originated from the protection of their labor results and preventing others from "free-riding" or theft of signals.Broadcasting organizations called for legislation to protect their rights.The rationality of the protection of broadcasting organization rights mainly comes from the "incentive theory" of the common law system and the "natural rights theory" and "labor value theory" of the civil law system.The concept of the object of the broadcasting organization's right is not clear,and it is generally understood that the object or interest or behavior of the broadcasting organization's rights or obligations.The object of the broadcasting organization right is of great significance to the precise expression of the broadcasting organization's legislative intent,distinguishing the nature and scope of the broadcasting organization right,and coordinating the multiple relationships in the broadcasting process.It is important in the construction and improvement of the broadcasting organization right system.Plays an important role.There are two main theories of the right object of broadcasting organizations,namely "broadcast program theory" and "broadcast signal theory"."Radio program theory" has been criticized mainly because of the ambiguity of its programs,but it has also been used in many countries because it conforms to the original legislative intentions of traditional broadcast organizations.As a result of the latest WIPO discussions,"broadcast signaltheory" seems to have become the mainstream view in the current world.Although the proposal of "broadcast signal theory" is complete from the theoretical interpretation of its internal system,the signal is material,which fundamentally shakes the legislative foundation of the broadcasting organization right,and there are many problems.At present,there are three main legislative models for the rights of broadcasting organizations in the world.The "program protection mode" represented by the United Kingdom,the "false signal protection mode" represented by India,and the "signal protection mode" represented by the United States.The model is actually the practice of the two theories of the right object of broadcasting organizations.The "program protection mode" follows the theory of "broadcast program theory",but there is inevitably the interests of multiple subjects caused by the definition of the program.The "signal protection mode" follows the "broadcast signal theory",but it undoubtedly breaks the legislative basis of broadcasting organization rights The "pseudo-signal protection mode" is actually based on the "broadcast signal theory" and actually shows a tendency to adopt "broadcast signal theory" legislation,reflecting the inadaptability of "broadcast signal theory" into practice.Based on the analysis of the advantages and disadvantages of the two theories and the three legislative models,from the perspectives of the broadcasting organizations,the labor achievements and broadcasting interests of broadcasting organizations,the object of broadcasting organization rights should adhere to the "broadcast theory",but its specific connotation should be somewhat Adjustment,clearly defined as "selected and arranged programs".By clarifying the object of broadcasting organization rights,with a view to improving the broadcasting organization rights system and promoting the development of broadcasting and cultural undertakings.