Research On The System Of Broadcasting Organization Right

With the development of Internet communication technology,human society has entered the period of the fifth information communication revolution with digital electronic communication as the core,which not only brings convenience to people’s access to information,but also makes broadcasting organizations face unprecedented challenges.In the face of complex and changeable network piracy,the protection system of neighboring rights based on the Rome Convention cannot meet the requirements of The Times.To this end,the World Intellectual Property Organization(WIPO)began to prepare a draft treaty for the Protection of Broadcasting Organizations,but because of the multiple interests involved,the draft has not reached a conclusion on the specific allocation of rights.From the domestic point of view,under the background of telecommunication network,cable TV network and computer network,network broadcasting has also become an important way of information acquisition.In order to cope with the technological change,China has also emphatically modified the relevant provisions of broadcasting organization right in the third revision of the law.After the introduction of the new legislation,the interpretation of the relevant legal provisions is still controversial.Therefore,in the case of disputes between international treaties and domestic legislation,the study of broadcasting organization right system can help to interpret and apply broadcasting organization right in practice to a certain extent.On the other hand,it can also provide some help for China to participate in the SCCR conference to discuss and formulate the Treaty on the Protection of Broadcasting Organizations.From the point of view of the types of programs broadcast by broadcasting organizations,there are two types,including the programs produced by broadcasting organizations and constituting works and the programs only provided by broadcasting organizations.For programs produced by broadcasting organizations and constituting works,broadcasting organizations can claim infringement relief as copyright owners.Therefore,the right of broadcasting organizations is to protect the interests generated by broadcasting organizations broadcasting radio and television programs,focusing on protecting the rights of broadcasting organizations as neighboring rights holders.From the perspective of interest balance and cost and benefit theory,on the one hand,radio program is an important channel for the public to obtain information,and only by balancing the rights of information acquisition and the protection of the rights of broadcasting organizations can the cultural industry prosper and develop;On the other hand,pirated broadcasting of programs diverts a large number of broadcast viewers,and broadcast organizations have made contributions to program selection,arrangement and editing,etc.,so they need to attract advertising sponsorship through ratings and obtain ideal returns.Pirated broadcasting directly reduces the revenue of broadcast organizations by diverting users,and it is particularly important to solve the infringement of pirated broadcasting of programs.In order to better apply the broadcasting organization right system in practice and safeguard related rights and interests: first,we must determine the connotation and extension of broadcasting organization;Secondly,it is necessary to clarify the object of the right of broadcasting organization.As the core of the right of broadcasting organization,the object determines the direction of the content of the right of broadcasting organization.It is more appropriate to adopt the "radio program theory" to effectively deal with the problem of program stealing in the Internet era.Third,clarify the scope of application of the right of information network communication in the right of broadcasting organization;Fourth,determine the purpose of the limitation of rights clause.By studying the system of broadcasting organization right,we can combat the behavior of stealing broadcasting and encourage the broadcasting organizers to spread information,so as to realize the purpose of cultural prosperity.