Broadcasting Organizations The Right To Study

With the wide use of network and digital technology,human society has entered into the fifth stage of information-transmitting revolution, which brings into great challenge to the protection of broadcasting organization' s rights.Though the rights are in imperil,the system of protecting them based on Rome Convention can't adapt to the requirement of new technology.So,the WIPO has conducted and drawn new treaty draft to protect and enlarge broadcasting organization's rights.But this draft has also suffered intense criticism from developing countries and certain interest groups of developed countries.So the author suggests that, our country should pay more attention to the latest international tendency, modify our Copyright Law timely,and safeguard the justified social and public interests at the same time.Considering the draft will be approved recently,the author tries to do some research as follows:based on the premise of making a balance between broadcasting organization's rights and public interests,taking this opportunity of reviewing and commenting on the draft to probe into the subject,the object and the content of the rights of broadcasting organizations systematically,Which will absolutely provide guidance for us to analyze the provisions of our Copyright Law.By doing that,the author expects to do some contributions to modern system of broadcasting organization's rights,which can not only adapt to the requirement of modern technical development,but also meet the need of the situation of our country.Needless to say,what I have done above is of great significance.The full text is divided into six parts altogether on the structure:The first part is a summary of rights of broadcasting organizations. Proceed with several different concepts;analyze the nature of the rights. Regard history as a line,next,this part introduces the course that broadcasting organization's rights have produced and developed in international world around.Also,this part opens out the legislative background of the new treaty draft briefly.The second part is about subject of broadcasting organization's rights. Combined with Rome Convention and so on,by taking this opportunity of reviewing and commenting on the draft;this part expatiates on the actual meanings of four quadruplet key concepts.Moreover,from both theoretical and technical aspects this part has demonstrated in-depth the scope of genuine subject of broadcasting organization's rights in the new situation.The third part is about object of broadcasting organization's right. With the stipulation of several related Conventions,this part firstly explains the exact meanings of the object to clarify several misapprehensions.Then it opens out the practical significance of making a good understanding of the object of the rights.The fourth part is about content of the right.On basis of the necessity of updating the content of the rights with the rapid development of information technology,this part dwells on the related stipulations of the content of the WIPO treaty draft.The fifth part is self-reflection of the renovation of broadcasting organization's rights.On the premise of acknowledging the necessity and inevitability of expending the right,From the angle of both subject and content,the author argues about whether the level of the protection of the draft is too high and if it is too high,what harm it could bring with.And then,the author claims that legislation should stipulate several limitations for the expansion of broadcasting organization's rights.The sixth part is about how to perfect the system of broadcasting organization's rights in our Copyright Law.On basis of analyzing and pondering over the treaty draft ahead,this part discourses upon it from four aspects as follows:the subject of the rights,the content of the rights,the technological measures of the rights and the limitation of the rights.