Research On The Protection Of The Rights Of Broadcasting Organization

China’s first TV broadcasting organization is the broadcasting station of Chinese Radio Corporation, founded in1923. After nearly a century of development china’s broadcasting industry has made remarkable achievements. China has built the radio and television network with the combination of the central and local, covering the largest population in the world, utilizing a variety of technical means such as wired, wireless, satellite, ect. The development of radio and television shows the Chinese characteristics. Nowadays, radio, film and television have became our most popular and convenient tool for propaganda,information spreading and entertainment in people’s daily life. However, along with the development of digital technology, network technology and other new technologies, and some acts that infringe the right of broadcasting organization such as broadcasting signal piracy has been increasing, which has threatened the broadcasting organizations, especially in some significant domestic and international events in recent years such as the2006World Cup, the2008Olympic Games, the broadcast signal piracy happened in a large scale,which not caused a great loss to the broadcasting organizations, but also brought confusion and inconvenience to the public, greatly affected the normal broadcast playback order. Therefore, it’s urgent to strengthen the protection of broadcasting organizations further. This paper analyzes the origins of the development of the protection of broadcasting organizations from the concept of broadcasting,broadcasting organizations and the right of broadcasting organization, researches the international community and western developed countries first theoretical study and protection of the rights of broadcasting organization practice, analyzing the pros and cons, and then focuses on our status quo and existing problems of the protection of broadcasting organizations, profiling the reasons deeply, analyzing the new situation (under the network environment)of challenges and international changes which the right of broadcasting organization faced and at last proposes appropriate measures conceived, in order to provide some recommendations for our construction and improvement of the system of protection of the right to broadcasting organization.The existing researches has shown that both common law countries and civil law countries have been richening and perfecting their own copyright system to protect broadcasting organizations.However,differences between the two law systems of the concept of copyright protection lead to unlike protection of the right of broadcasting organization:for common law countries,the theoretical study on the protection of the right of broadcasting organization is cited "incentive theory " which treat the right of broadcasting organization as an extension of the copyright system, such as the United States and the United Kingdom. While the copyright system of civil law countries is built on top of the natural rights theory,adding "neighboring rights "in copyright law system regarding the right of broadcasting organization as a copyright adjacent of related rights, for Germany and France as the examples.From a practical point of view, the practice of western countries on the protection of the right of broadcasting organization can be roughly divided into the following three stages rfirstly,the previous Rome Convention Stage, during this stage the international community has not yet formed a unified right of broadcasting organizations. Only some countries granted in domestic law for the protection of the interests of broadcasting organizations and the rights of broadcasting organizations; secondly, to the20th century,90years after the election of the Rome convention, the Rome convention had established the right of broadcasting organization and the international community generally recognized that all countries around the world should draw on the provisions of the convention in national legislation; since the late1990s, with the development of internet technology,the protection to the right of broadcasting organization constantly became more and more diversified and complicated,and the international community have their own legal perfection on circumvent emerging infringement. Main international treaties included the Rome Convention, Satellite Convention and On Trade-Related Intellectual Property Rights Agreement; the major regional treaties included a series of treaties of the European Union, The North American Free Trade,and Cadahena Agreement.The research content of this paper is divided into five parts.The first part is an overview of the broadcasting organizations which states from the development of broadcasting technology to define the concept of broadcasting,broadcasting organizations,civil law countries, common law countries and the history of the international convention on the protection of broadcasting organizations. Subsequently, it discusses the main content of the right system of broadcasting organizations. The second part is a theoretical study of the international community on the protection of broadcasting organizations which discusses the theory of common law countries and civil law countries on the protection of broadcasting organizations, and two law systems a comparative analysis of the legislative system of the country on the protection to right of broadcasting organizations. The third part is the practice of the international community on the protection of broadcasting organizations. International comparison of social legislation in the protection of broadcasting organizations, as well as the western countries in the protection of the right of broadcasting organization to practice the work and thinking. The fourth part is the analysis of the broadcasting organizations the right to protect the status quo. This section first discusses the development status and infringement of the status quo of b broadcasting organization’s radio and television industry, and then analyzes the legislation and the protection of the status quo of china’s broadcasting organizations followed by a discussion of the problems of the system of china’s broadcasting organization, and the challenges facing the broadcasting organizations in the network environment.The fifth part of the recommendations to improve our system of protection of broadcasting organizations.The part of the perfect system of broadcasting organizations the right to principle, the principle of the legitimate interests of the protection of broadcasting organizations to protect the principles of the right of access of public information, taking into account the principles of broadcasting organizations and social public interests,the principles of appropriate and learning from the experience of international legislation respecting for china’s national conditions and the principle of the protection of the interests of our country, and putting forward recommendations to improve the protection of the right of broadcasting organization in terms of subject, object, content of right limit system.