Research On Neighboring Right Protection Of Webcasting Organizations

In the era of integrated media,"webcasting organizations" have gradually replaced traditional radio and television stations and become the main communicators of works.In real life,webcasting organizations are mainly divided into two types: one is the derivative platforms relying on traditional radio and television stations,and the other is the emerging independent platforms.Under the current copyright law framework,the law protects the interests of both webcasts in different ways: derivative platforms can often participate in litigation as the subject of broadcasting organization rights in judicial practice due to their characteristics of relying on traditional radio and television stations;However,due to the ambiguity of the subject concept in the current copyright law,and the strict restriction of the broadcasting organization right on the subject qualification,the independent platforms can usually only bring a lawsuit by virtue of the identity of the copyright owner or seek the protection of the anti-unfair competition law.However,in practice,the two protection modes are faced with their own shortcomings and drawbacks.The copyright law should recognize the value of webcasting,protect the interests of webcasting in a direct way,and respond to the real demands of webcasting organizations.This is because from the perspective of the development law of the work and the realization process of its value,communication behavior is the source of its value and the basis of its realization;From the origin and original meaning of copyright,safeguarding the interests of disseminators is always the proper meaning of the development of copyright system.Based on the requirements of the principle of technology neutrality,because there is no difference between the webcast behavior and the traditional communication behavior in essence,and its social effects are completely consistent,the copyright law should not treat the emerging webcasting organizations differently.From the perspective of comparative law,this paper analyzes and compares the differences between the provisions of international law and various domestic laws on the rights of broadcasting organizations and the status quo of the protection of webcasting organizations.At the same time,based on the development level of network technology in China,it can provide a reference for the feasible path of the protection mode of webcasting organizations in China.Some countries in the world have incorporated webcasting organizations into the protection of copyright law through the improvement of domestic laws,and it is qualified and feasible to provide protection for webcasting organizations through neighboring rights.Although China’s new copyright law extends the scope of broadcasting organization rights to cyberspace,it still excludes the network broadcasting organization from its main scope.It can be considered to protect the interests of webcast by referring to the right of broadcasting organization through the access clause.Before the revision of the copyright law,it can also temporarily provide protection through the anti-unfair competition law to solve the current judicial dilemma.