The Qualitative Issue Of Copyright Of Online Broadcasting And Repla

With the rapid development of Internet technology,under the national policy of triple play to promote,radio and television business further integration with the Internet and new media platform,with the development of network transmission and network back to the service has gradually replaced the traditional dominance of television broadcasting business,become the main public television channel content is one of the channels and ways.But the behavior qualitative question of relevant copyright and adjacent right also arises and becomes increasingly prominent.The new "Copyright Law" has been applied in the broad voice of the industry.Through the revision and reconstruction of "broadcasting right" and "broadcasting organization right",it has made a certain response to the qualitative problems related to network retransmission and network review behavior.This paper focuses on five typical cases of"network retransmission" and "network callback",summarizes the relevant focal points of controversy,and analyzes the qualitative issues of network channel retransmission and network callback with an eye to the revised new Copyright Law,and responds to the differences existing in the previous judicial practice.In the analysis,the author further finds the main reasons for the qualitative differences between network broadcast and network replay in judicial practice,and puts forward corresponding solutions based on the reasons obtained from the analysis.This article is divided into three parts,the first part through the three network coverage,and two back to look at the brief introduction to the classic case of network,mainly in developing this type case dispute focus:is a broadcast channel network behavior of copyright and relating right qualitative differences,the second is network looked back at the copyright of behaviors and the relating right qualitative differences.It also briefly introduces the different legal viewpoints held by the academic circles on the above two focal points.The second part is to re-analyze and sort out the qualitative problems of copyright and neighboring rights of network channel retransmission and network callback from the perspective of "Copyright Law",and further draw the four main reasons for the qualitative differences of judicial practice on network retransmission and network callback.The third part,combined with the reasons of qualitative differences obtained from the analysis,proposes targeted solutions.As for the solution of "network broadcasting",it is necessary to further clarify the definition of "wired mode" and expand the scope of the subject and object of "broadcasting organization right",so as to adapt to the development of network broadcasting in the Internet environment.As for the solution of "network callback",this paper proposes three solutions:first,network callback should be regulated by"broadcasting right" and "information network transmission right" within the limit of 7 days,so as to balance the interests of all parties;Second,the network review behavior should be uniformly included in the category of"information network transmission right",but the authorization requirements should be limited to a certain extent.Third,put forward the idea of constructing "remote right of communication" and perfect the right system of copyright law.Through the above solutions,it is expected to provide solutions to the qualitative problems of network retransmission and network backview behaviors as well as similar technology fusion communication modes that may be generated in the future development.