On The Perfection Of Broadcasting Organization Rights System

Nowadays age, the knowledge-based economy develops quickly. Culture becomes the pillar industry and the important resource of economic development. Many nations look for the new economic growth to click shape through the development of cultural industry. The broadcast organization develops to have in process in cultural industrial to close important act, it makes cultural industrial created a fruit can the propagation of the biggest degree, didn't spread and then have no created, cultural propagation and culture to created again also important.Academics have a different understanding of what is right for broadcasting organizations. By comparison, the following definition to the right of broadcasting organizations is more appropriate. Broadcasting organizations own the rights to their transmitted signals that carrying program, and the rights of broadcasting organizations means not only enjoy the neighboring rights of disseminating the works of others, but also enjoy the right of broadcasting organizations as the copyright holder to their original programs produced. Broadcasting organization right system is the important part of the copyright legal system. It includes the subject system, the object system, the contents of right system, tort liability system. The subject includes radio broadcasting, satellite broadcasting, cable broadcasting and the webcasts. The objects system includes programs and signals. The rights system includes the right to broadcast, recording rights, the rights of reproduction. The legal liability of violations of the right of broadcasting organizations includes the civil liability, the administrative liability and the criminal liability.To meet the challenges of technological development, the international community starts studying the rule of protecting the broadcast organization equities, is in 1961 started《Rome convention on the protection of performers, producers of phonogram and broadcasting organization》that forms in Rome together by the International Labor Organization and world intellectual property organization and the UN Education, Scientific and Cultural Organization《;Broadcast by the satellite on the program-carrying signals transmitted Convention》for forming in Brussels in 1974; And in 2006 at Switzerland Geneva world intellectual property organization copy rights and abutment power permanent commission the 15th-time conference up talk about《WIPO protection Broadcast Organization after Revision Foundation Draft proposal》of approval. Among them, convention in Rome is a no 1 the concerning abutment power protects in the world of the international convention is also a no 1 to organize power to make the international treaty of rules to the broadcast, it becomes later national law in all countries establishment broadcast organization power of mold plate, have to found sex and lay foundation stone sexual meaning. Drafted plan then on its foundation for should to under the figure environment of various challenge but consumedly raised the safeguard horizontal of broadcast organization right.National law in all countries concerning broadcast organization right of safeguard then because of law train of the dissimilarity is divided into abutment power safeguard mode and copy rights to protect a mode. The United States is a typical copyright law to fasten a safeguard nation, don't state abutment power system, put the program that the broadcast organization arrange in order in "editing works" to take into to protect, EU because of its each member country existence copyright law system and the work power law system of discrepancy, so release to moderate command in copy rights, didn't establish in the total integral whole inside the body range useful copy rights in Europe. Then typical work power law system in Germany there is apparent boundary in the abutment powers and the work power and organize power by the abutment power safeguard broadcast.Our country broadcast organization power system state compare principle blanket, don't have explicit its meaning to the legal terminology, the disadvantage practices an operation at the judicatory, the legal regulations didn't keep up with the step of technique shape at the same time. The flaw of system expresses for the following what time: 1. Forbid limiting of power mode; 2. The legal regulations are ambiguous; 3.The broadcast organization exception and restriction of right to state blanket; 4.Lack of protection in the digital environment; 5.The zone border moderates capability scarcity. Aiming at is sexual of can give from the following aspect perfect: 1.Adopt exclusive right mode on the legalization style; 2.Definitely each law meaning of each term; 3.Organize the reasonable use of power of broadcast to state to embody; 4.Improve the regional moderating capability; 5.Increase the information network transmission right...