Researchon The Expansion Of Neighboring Right

Neighboring right is an important right system in the copyright system.The traditional neighboring right includes the right of the performer,the producer of the sound recordings and the right to broadcast organization,generally referred to as the right of the communicator.With the economic development and technological progress,the existing system of neighboring rights in many civil law countries has already broken through the above categories,and included many of the rights that have nothing to do with the dissemination of works.Although the right of adjacency has a greater expansion,the right from the date of birth has been questioned by legitimacy and rationality,including the object of adjacency is not original,why can still be protected by copyright law;Whether the right of adjudication affects and undermines the original purpose of copyright protection;The system of neighboring right is the product of the civil law countries in the era of rapid development of communication technology,whether there is still the necessity of modern society,etc.With the tendency of adjacency expansion,these legitimacy and rationality questions have not disappeared,but more acute.This paper attempts to use the comparative research method,historical analysis method,induction and deduction method and other research methods to demonstrate that adjacency is essentially a specific industrial protection rights,and to analyze the main trend of expansion of neighboring rights has been extended from the protection of works communicator to protect specific industry investors.At the same time,the status of neighboring right that from the original is attached to the right to copyright,turns to the right parallel to copyright.Although born in the context of specific communication technology,neighboring right system is still of great value in the current society.The right of adjacency expansion has its legitimacy and rationality,not only to maintain civil law countries' traditional principles "author-centric," so as to be response measures of technology development and industrial progress,but also to consistent with the reasonable expectations of the system-related industry groups.China is on the occasion of the third time to amend the "Copyright Law".Based on China's current unique characteristics of the original standards of chaos,and taking into account the unique characteristics of China's cultural industries,it is suggested that China should expand the existing object of neighboring rights,and incorporate the main body of the ancient school,the font,the ordinary photograph and the non-invasive database into the protection scope of the neighboring right.At present,the system of neighboring rights is an important problem in the revision of "copyright law" in our country,and it is also the "route" and "direction" problem which is the first to be solved.The significance of this topic is to break through the status quo of the current academic research on the neighboring right mainly focused on specific rights of neighboring rights,then to discuss the legitimacy and rationality in the perspective of the overall system of neighboring right.At the same time,it clarifies that the development trend of the neighboring right system is the expansion of the object of adjacency,and puts forward the suggestion of increasing the kind of neighboring right in China's Copyright Law which is being revised at present.The paper includes three parts: introduction,main body and concluding remarks.The introduction part includes the question,the research value and the significance,the literature review,the main research method,the paper structure,the paper main innovation and the insufficiency.The first chapter discusses “the legitimacy of neighboring rights.” That is,to answer the question of why traditional neighboring rights are protected by copyright law.From the traditional neighboring rights,the article analyzes the object of the performer,the producer right of the recordings and the right of broadcasting organization,and points out that the civil law system and the Anglo-American law system have different requirements for the originality of the works which makes different protection.In Anglo-American law system,the original requirements of works are relatively low,and Anglo-American law makes the performances,phonograms and broadcasting as works to be protected.Civil law system requires a high degree of origin,therefore performances,sound recordings and broadcast signals can't be included into the scope of the narrow copyright protection.For these reasons,Civil law system established the right of adjacency under the copyright system,and incorporated the above rights into the scope of protection of the neighboring right.Neighboring right is an important part of the copyright system,but there is a big difference between the object of adjacency and the object of copyright.The object of neighboring right does not have the originality in the sense of copyright law.Why non-original object of neighboring right can be protected by copyright law,is the legitimacy problem of neighboring right needs to solve.This chapter analyzes the commonly used theories that prove the legitimacy of rights,and argues that neither the natural right nor the theory of activism can fully demonstrate the legitimacy of neighboring right.The traditional view,that neighboring right belongs to the right of works' communicator,believes that communicators,producers of sound recordings and broadcasters are basically communicators of the works,who have paid labor and investment in the process of disseminating their works,should be protected,and the establishment of neighboring right for the disseminator of the above work is also conducive to encourage the dissemination of behavior,to promote the dissemination of works.This view has some rationality,but it can't explain the existence of rights which has nothing to do with the dissemination of works in traditional neighboring right,such as the rights of recorders who record the voice of the nature.This point of view also does not explain why only the three main bodies have exclusive rights,and why other communicators such as oral writers,network service providers and others can not to obtain these exclusive rights.What's more,there is no way to explain the work of the communicator's input needs giving exclusive exclusivity.The article argues that the justification of neighboring right should be changed from the object research to explore the special identity of the subject of neighboring right,and puts forward that the neighboring right is not only a matter of the right of the communicator,but also the protection of specific industries.The starting point of protection of copyright is that the works need to be unique.However,which is different that the logical starting point of the protection of neighboring rights is that the specific industry entities have invested in labor and investment,and it is unfair if not to protect them.At the same time,if the exclusive right not to protect it,the specific interests of a particular industry will be compromised.Finally,it needs the specific industry investors to win the interests game,which can get the recognition of legislation.The second chapter elaborates “the rationality of the neighboring rights system”.The rationality of the system of neighboring rights has been questioned since its birth date.These questions include the existence of logical contradiction between the objects of traditional neighboring right,it is the product of the development of specific communication technology which has not conformed to the development of modern society,and the existence of neighboring right has also led to the overdue complication of copyright system,etc.This article analyzes the birth of the system of neighboring rights from the historical point of view,and points out that the traditional system of neighboring rights is the inevitable result of the development of technology.The inclusion of performers,producers of sound recordings and broadcasting organizations into a system is the result of multiple interest games,which has its historical rationality.Although the differences between the natures of these three objects,the three are based on the common characteristics and basically belong to the scope of the dissemination of the work,so they logically seek common with the differences into a system.At the same time,the article pointed out that the development of the system of neighboring rights is still reasonable and necessary.Because for the country of copyright,having a high degree of originality is its basic principles.In the premise of not breaking the principle,it is the most reasonable choice for many labor outcomes to be protected by neighboring rights.The third chapter explores “the legitimacy and rationality of the neighboring right expansion”.This chapter analyzes the trend of neighboring right expansion and clarifies the legitimacy and rationality of neighboring right expansion.The article points out that the neighboring right has two kinds of expansion tendency: one is the expansion of the object type,and the other is the content of the traditional neighboring right.Many countries have already broken through the regulations which only protect the performers,producers of sound recordings and broadcasting organizations,and incorporated a large number of other fruits of labor that are not original or very ingenious into the protection of neighboring rights.Then the article analyzes the two characteristics of the expansion of adjacency: Firstly,neighboring rights extend from the protection of work disseminator to protect investors and other laborers;Secondly,the rights of neighboring expand from the beginning "lower level" than the narrow copyright to the rights in parallel with the narrow sense of copyright.The expansion of neighboring right has brought more questions,which mainly focused on the expansion making the copyright more cumbersome;At the same time,it is more difficult to obtain authorization,which affects the circulation and dissemination of works;In addition,it also undermines the original intention of intellectual property to encourage creation.The article points out that the neighboring right is the protection system of the specific industry investment subject,and its expansion just incorporates more industrial bodies into the protection system.And with the technical development and division of labor,personal creation or production will gradually reduce,while the proportion of investment in the overall industry will continue to increase.The protection of specific industry investors is the general trend of intellectual property system and copyright system,and the expansion of neighboring rights conforms to this development trend.The expansion of neighboring rights seems to distort the copyright law to protect the original works and the legislative purpose to encourage innovation,but in fact it meets the expectations of the relevant industry,and is reasonable.The fourth chapter puts forward “the ideas of the revision of China's legislation of neighboring rights”.This chapter puts forward the suggestion of how to deal with the change of the international right of neighboring right expansion in our country.China is currently undergoing the "Copyright Law" amendment.The "Copyright Law"(revised draft)is have being revised and highlighted the neighboring rights,but the object of it has not been expanded.The article argues that China should expand the object type of neighboring right,for three reasons: First,it can solve the present situation in our country that the original standard in works is chaos.Second,China has need to promote the development of specific cultural industries.The third is to make our country adapt to the development of technology much better.The article also suggests that China's expansion of neighboring rights should follow two principles: First,follow the legal principle of rights,do not set the terms of the purse,because the legal principle is the legislative practice of copyright,If that set the general adjunct to the right,it appear in practice that some other rights will come into the neighboring right.Neighboring rights as a monopoly right,it more inappropriate to set that provisions.Second,it should be carefully chosen,eliminate some unfair right,such as neighboring right for news publisher and neighboring right for sports competition rebroadcast.Article recommend that our country should add the three new neighboring right: the right for ordinary photograph? the right to ancient proofreading version and the right to original database.Neighboring right is not a closed legal system,we can add other new rights according to technical and social development.