Study On Network Broadcasting Organizations As The Subject Of The Rights Of Broadcasting Organization’ Qualification

In recent years,with the popularity of mobile terminal,such as mobile phones,tablets and so on,more and more people choose to watch play,sporting events,concerts by the convenient network video platform.But at the same time,the new technology of "network piracy" event also emerges in endlessly.These network broadcasting organizations is similar to traditional broadcasting organization but occupies more traffic data,advertisers and membership.Their rights and interests are bearing the unprecedented brunt from new technology.And because of the copyright law in our country is inadequate,it makes network broadcasting organizations difficult to fight for the right.This thesis through combing the reality of a few kinds of network broadcasting organizations cases,in order to reveal the platform’s dilemma for rights protection.Whether through licensing contracts,the copyright owner or anti-unfair competition law are not good plans,and scattered way to defend rights will cause "Same case,different sentence".Through the analysis theoretical of the necessity of network broadcasting organizations as broadcasting organization,I think that should through set the " quasiapplication legal term" as the platform as a subject of the rights of broadcasting organization.Although the foreign legislation on the protection of network broadcasting organizations is still conservative and international treaty put this problem off.Foreign legislation or international treaty,however,is only reference for domestic legislation,our legislation should be based on our real national conditions and needs comprehensive judgment.This paper hopes to provide theoretical support and institutional design.