On The Object Of Broadcasting Organization Right

The reform of broadcasting technology has a profound influence on the emergence and development of the system of broadcasting organization right.The emergence of network broadcasting in the Digital Information Age has brought great convenience to people,as well as legal problems such as the scope of subjects,content of rights and so on,for the system of broadcasting organization right,that is,under the background of network broadcasting technology,the system of broadcasting organization right is faced with many problems and challenges,including the lag of broadcasting connotation,the unclear subject status of webcasting organization,and the traditional right content can not meet the needs of broadcasting organization under the new technology,etc.,and the protection of broadcasting organization right is threatened.The reason is that there are different definitions of the object of broadcasting organization right,such as broadcasting program,broadcasting signal and audience attention.The object of broadcasting organization right,as an important component of broadcasting organization right,is closely related to the subject and content of broadcasting organization right,in order to perfect the system of broadcasting organization right scientifically and reasonably,it is necessary to define the object of the right of broadcasting organization,embody the fundamental interests of the broadcasting organization,perfect the content of the right and reflect the reality of the broadcasting industry.By investigating the extraterritorial provisions of the object of the right of broadcasting organization,the international protection system of the right of broadcasting organization based on the Rome Convention has been constructed and developed continuously,although the domestic laws of different countries have different legislative provisions on the right of broadcasting organization,they can be divided into the legislative protection mode of broadcasting signal and broadcasting program.To determine the object of the right of broadcasting organization,the factors to be considered include the legislative aim,the attribute of the object,the interest of the subject,the content construction and so on.On this basis,it can be analyzed that the object of broadcasting signal ignores the characteristics of the object of intellectual property,violates the principle of technology neutrality,and can not adapt to the content of rights and so on.However,the object of the radio program is reasonable.The program in the object of the radio program is not the same as the work.The program is the result of the work of the broadcasting organization after the selection and arrangement of the relevant materials,only by taking the program as the object can it adapt to the complete right content.Therefore,the object of broadcasting organization right should be defined as the program selected and arranged.The programme-oriented programme,which is independent of the work and distinct from the work,incorporates the non-creative processing of the work material by the broadcasting organization and involves a series of fine work of selection and arrangement,it should be the object of the object of broadcasting organization right.The object of broadcasting organization right in China is not fixed but the result of dynamic adjustment.The object expression of program,radio and television or signal appears in every Copyright Law or its revised draft.In view of the general stipulation that the object of the right of broadcasting organization is radio and television in our country’s current Copyright Law,it should be made clear in the Copyright Law that the object of the right of broadcasting organization is radio and television programs,in addition,in the Regulation for the Implementation of the Copyright Law,the meaning of radio and television shall be added to the provisions for the selection and arrangement of radio and television programs,with a view to making the system of the right of broadcasting organization more perfect through the determination of the object of the right of broadcasting organization,promoting the vigorous development of broadcasting culture in China.