Research On Copyright Issues Of Webcasting

In this text, webcasting means websites use the network to transmit the program which is being broadcasted or has been broadcasted by the broadcasting organization. This style of transmission is related with rights of broadcasting organizations and other owners of copyright, and infringes their rights. This paper stands in Chinese Copyright Law, combines with the international treaties and other countries' laws, and tries to find solutions to these issues.The text consists of three sections.In the part of preface, the first section, the text expatiates on its writing cause, purpose, and significance.The second section includes three chapters:The first chapter is about the basic problems and the significance of creating rules for the webcasting. In this chapter , it defines the conception of webcasting, divides webcasting as three forms, and points out that webcasting has violated the rights of broadcasting organizations and other owners of copyright, so it is very important to rule it.The second chapter is concerned about the rights of broadcasting organizations should be expanded to network environment. In this chapter, it discusses some basic problems of broadcasting organizations in traditional environment, and argues that the rights which Copyright Law of China prescribes can protect the broadcasting organizations. However, only these rights are not enough to protect them in the network environment. There are some disputes on this issue. It is appropriate that use rebroadcasting right and deferred broadcast right to rule webcasting.The third chapter is on how to protect other owners of copyright. It is discussed in this chapter that the rights to broadcast and to network dissemination of information of author are related to webcasting, but these two rights can't fit to rule webcasting. The text suggests to introduce " the right of communication to the public" , which can rule any form using a work intangibly, including the webcasting. As for performers and phonogram and video producers, the protecting level of them in other countries and China are so low, therefore their interests may not be protected currently.The last part sums up the conclusion of whole text.