A Study Of The Right Of Broadcasting Organization In Information Network Environment

The Right of Broadcasting Organization, which belongs to the copyright law, was born in the fourth stage of information-transmitting revolution period. It protects the broadcasting organizations'legitimate income of their funds and labors. In such way, it encourages them to optimize information dissemination services for the benefits of the public."Rome Convention"of 1961 is the first international convention covering The Right of Broadcasting Organization of the world, which is the legislative guider of various countries. It also provides a reference to the following relevant international conventions. However, with the development of information technology,"Rome Convention"gradually shows its limitations. For example, only radio broadcasting is protected by it and some new broadcasting ways such as satellite broadcasting,TV broadcasting are excluded of its protection. Therefore, the relevant international organizations constantly have been innovating legislation, including"Satellite Convention","The Draft Treaty on Broadcasting Organization", etc.Nowadays, the rapid development of information and communications technology brings new challenges to the protection of the rights of broadcasting organization globally. Take the relevant issues of network broadcasting as an example, different countries provide different ideas on the necessity of protecting webcasting behavior and webcasting organizations. In the process of formulating"The Draft Treaty on Broadcasting Organization", the contrast between supportive views presented by developed countries and negative views presented by developing countries is highlighted. Although webcasting is a new way of broadcasting, we cannot hastily draw it into the scope of the protection of the rights of broadcasting organization. At this stage, Internet is an effective way of information dissemination. If we protect webcasting behavior and webcasting organizations prematurely, we will bring damages to the development of information technology and public interests. The information technology in developed and developing countries is in different levels. Therefore, different attitudes come out.In our country, the system of the rights of broadcasting organization was formulated by the revised copyright law of 2001. Considering new broadcasting ways, such as satellite broadcasting and webcasting have been widely used in society, the dissertation shows an idea that the existed system no longer can be applied to the entire broadcasting area effectively. We need to improve the system of our rights of broadcasting organization in order to fully protect the legitimate rights of broadcasting organizations, and to provide strong communication channels for nations.This dissertation is structurally divided into five parts:The first part, in the first place, exposes the developing process of the information dissemination technology. The Right of Broadcasting Organization covers different scope when the information dissemination technology develops to different stage. Secondly, it discusses how The Right of Broadcasting Organization came into being with the combination of the information dissemination technology and social environment; finally, after making a brief definition of The Right of Broadcasting Organization, it gives a simple account to the historical development of The Right of Broadcasting Organization.The second part introduces the international protection of The Right of Broadcasting Organization. International conventions covering The Right of Broadcasting Organization are:"Rome Convention","Satellite Convention"and the relevant provisions of the TRIPS Agreement. In addition, in order to adapt to the development of information dissemination technology, WIPO has drawn up"The Draft Treaty on Broadcasting Organization". This is the latest legal text covering The Right of Broadcasting Organization that the international organizations have made.The third part focuses on how information dissemination technology challenges The Right of Broadcasting Organization, including: the protection of webcasting behavior and webcasting organizations, the solution to increasingly serious problems of illegal broadcasting transmission through networks and the necessity of providing more technological methods and digital rights management.The fourth part discusses Interests Balance. Interests Balance is an important basic principle of copyright law, which gives the sanction to The Right of Broadcasting Organization as well. The focus of this section is how to balance the relations between broadcasting organizations and public interests when The Right of Broadcasting Organization is expanding.The fifth part restructures the system of The Right of Broadcasting Organization in our country. Although there are systematic rules covering The Right of Broadcasting Organization in our country, some of them no longer can be applied to the development of information dissemination technology situation. Therefore, this dissertation attempts to improve our Right of Broadcasting Organization by learning the international conventions and relevant legislation abroad.