Research On Neighboring Right On The Internet

The neighbouring right system is the result of the progress of mankind propagate technology, and develops with the constant development of the mankind propagate technology. In recent years, the swift and violent development of the network technology has changed the transmission way of the works greatly, accelerated the spreading speed to works, and expanded the spreading range to works, which produce enormous impact and challenge to traditional copyright especial to neighbouring right legislative system certainly. There are many aspects legal questions of neighbouring right that Internet concerns. So, we can say, it has important theoretical meaning and practical value to research the neighbouring right on Internet.The neighbouring right, from essential speak, refers to the right that disseminator of works should have during the process of propagating the works. The appearance of new medias such as network can only change the concrete forms of expression not the essence of neighbouring right. This dissertation carries on to be comparatively deep analysis and discussion on basic principle of neighbouring right firstly, to put forward the concept of " general neighbouring right " and the principle conditions that constitute the subjects of the general neighbouring right, which is the main thread of the whole dissertation. On the basis of this theory, this dissertation also has carried on concrete analysis and discussion on the subject, object, and content of the neighboring right on the network. Internet content service provider, electronic database and the owner of Blog should be subsumed into the content of the neighbouring right. Accordingly, the objects of the neighbouring right, which mainly concentrate on the protection of property right, have certain extend expansion. The neighbouring right on the network has closed connection with the right of dissemination by information network is different from the traditional neighbouring right. From another point of view, the neighbouring right on the network is the right of disseminator of information network. Besides, only the law has necessary and appropriate restriction on the neighbouring right on the network with the sufficient protection can we keep the exact balance of the social public interest and individual interest.