Research On Copyright Protection And Regulation In Network Broadcast

Under the tide of the development of the “Internet plus” economy,live streaming starts appearing on the social stage and making its mark.It has changed people’s lives and entertainment,social contact,education and other activities in its new mode of communication.The live streaming platforms play an important role as the network service providers in it.What came with the live streaming boom are the legal problems.how to deal with the challenges of technological development is a difficult problem that we should face.Today,there are more than 300 live streaming platforms in our country.The huge economic benefits brought by live streaming on the Internet have made them lose their directions.And the copyright infringement problems are coming out one after another.But facing the development of this kind of new industry,domestic laws and related policies can not solve the contradiction in time.And there is a dispute over the copyrights in the live streaming both in theory and in practice.There is no final conclusion.The dispute at the present stage is mainly reflected in whether the live streaming content belongs to the works in the sense of the copyright law,who does the rights of the live streaming content belong to,and the specific rights violated by the live streaming content.In order to better protect the interests of the copyrights owners,it is of more practical significance to solve the above problems.Based on this,this paper studies on the copyright problems related to the live streaming content.Firstly,the nature of the live streaming content is determined.Then the ownership of the rights and interests are determined.And finally,the proprietary rights related to it are determined.The focus of the dispute is clarified and the solutions are proposed to better protect and regulate it.In the first part,this paper gave a general introduction to the live streaming.First of all,it’s about the current situation of the development of the live streaming.It analyzed the characteristics and types of the live streaming platforms and defined the live streaming platforms.On this basis,it analyzed the causes of the live streaming chaos.The second part mainly introduced the legal nature and the dispute in the judicial practice of the live streaming,which is,whether the live streaming content should be recognized as "works".The first part analyzed the types of the live streaming.The identification of the works is different due to the different types.This paper divided the content of the live streaming into original type,performance type,direct output type.The compositions of the content in different types are also different.Then from the originality point of view of the works to give a classification.In the third part,this paper analyzed the problem that the main body of the live streaming is complex and the ownership of the rights is unknown.There are no relevant regulations in the current law of our country.And in reality,the effectiveness of the user service agreements provided by the live streaming platforms are still to be discussed.Therefore,on the basis of confirming the content of live streaming,this paper analyzed the problem of rights attribution and benefit distribution,and put forward a scheme that the regulations on audio-visual works can be used as references.In the fourth part,this paper mainly analyzed the live streaming and its corresponding exclusive rights.One of the key point of the dispute is whether the content of live streaming should be regulated by the information network broadcast right,the broadcast right or the catch-all rights in the copyright law.The live streaming is a kind of non-interactive,cable transmitted propagation mode.At present,the proprietary rights can not fully regulate it.On the other hand,the existence of the catch-all rights will lead to different judgments of the same cases in the judicial practice.Therefore,the play right in the revised draft of the copyright law becomes more clear and feasible.In the fifth part,this paper summarized the emerged problems and put forward some suggestions.Based on the four parts,this paper summed up the focus of the dispute in the live streaming,and combined with the situation that the current copyright law’s inadequacy of provisions on the live streaming for further thinking.This paper unified the meaning of the works and the standard of originality,perfected the definition of audio-visual works and used it as a reference for the right attribution and benefit distribution of the live streaming,clarified the insufficiency of the information network broadcast right and the broadcast right,faced the disadvantages of the catch-all clauses.And introduced the play right to solve the problems of live streaming,so as to promote the formation of a good ecology in this field.