Study On The Protection Of Broadcasting Rights

For a long time,in both academic research and judicial practice,there have been many controversies regarding the subject matter and scope of protection of broadcasting rights.For example,whether network transmission is included in the act of broadcasting and the definition of the scope of broadcasting rights and information network transmission rights have never ceased to be discussed.In the third amendment to the Copyright Law,the legislator made a major change to the definition of broadcasting right,changing the definition of broadcasting method to “wired or wireless” and distinguishing it from the right of information network transmission by way of exclusion.Prior to this,webcasting was neither an act of access to works at the user’s own choice of time and place,nor was it prevented from being interpreted as being protected by broadcasting rights.2020 Copyright Law addresses this issue in a technology-neutral form,but the amendment also reflects the technocratic approach to copyright in China.This legislative approach of creating new rights according to the path of dissemination will be overwhelmed by the rapid development of technology,and the Copyright Law will fall into a strange circle of frequent amendments.At the same time,there are still unresolved issues regarding the protection of broadcasting rights.Firstly,as far as the act of broadcasting rights is concerned,it encompasses cable and wireless transmission or rebroadcasting,as well as transmission by means such as loudspeakers.At the same time,there is an intersection between the act of broadcasting and other acts of communication such as performances,information network transmission and projection,and there are difficulties in defining the acts of network on demand and instant viewing.Finally,the object of the broadcasting right is not consistently expressed in the Copyright Law and the Berne Convention,and the terms “broadcast of works” and “works” are unclear in Chinese legislation,which has led to controversy over how to regulate pirated program signals on the internet.This has led to controversies over how to regulate pirated program signals on the Internet.In this regard,the legislator should first focus on the formulation of the provisions,distinguishing between public communication and communication to the public,as well as clarifying the object of the different acts in the right to broadcast and the nature of the content of other communications,so as to clarify the object of protection of the right to broadcast.Finally,in relation to the new types of communication acts that continue to emerge with technological advances,it is suggested that the right of communication to the public be introduced,so as to adapt the Copyright Law to the digital age and international law.