Issues On The Copyright Of Internet Television Streaming Service

Development of digital and network technologies enable more convenientcopying and dissemination of works, changing the ecosystem of the Internet, havingspawned innovation on the Internet and new media which use the Internet tobroadcast radio and television programs. Aereo is a typical representative of theinternet television streaming service. However, the challenges of technologicalprogress on the copyright system is increasingly grim. What decision would it be inwhich traditional television broadcasting business model meets the challenge ofemerging Internet technologies? On June25,2014, the Supreme Court ruled thatAereo’s services breached copyright laws. The issue before the courts in the lawsuitsagainst Aereo is whether a re-transmission of copyrighted broadcasts over the Internetwithout a prior agreement with the copyright holder violated the copyright holder’sright of public performance. There are different specifications about broadcast andnetwork communication between countries. Chinese copyright law provides the rightof broadcast or the right of network communication. There aren’t similar provisionsin The Copyright Act of1976, in which the right of distribution and the right ofpublic performance are used in conjunction.Fair use and contributory infringement were created in Sony for the first timesince1976in which redefined the copyright law. Another United States judicial caseswith far-reaching Cablevision case. Aereo case, judgment of the Court of appeals forthe second circuit cases similar to a large number cited earlier in Aereo crime lay inthe Cablevision case law analysis, recognized the legitimacy of Aereo. Aereotechnology systems with Cablevision’s "RS-DVR" technology systems and is verysimilar to: Cablevision and Aereo company, prepared a program for the prepaid users,paying customers on selected shows during the live broadcast you can choose"record". According to the user’s instructions, the system will convert the signal datain their cloud centers solely for the users to create a specific folder on the hard disk,and generates separate copies of the data store target program."Aereo case" and "case of Cablevision" in common was one of two similar controversy, namely, Internet TVstreaming services company whether this very different from the traditional way ofrecording acts violated the right of public performance of television programcopyright owners. While the United States Supreme Court came up with a "similar tocable TV system" standard, Aereo company’s Internet TV streaming technologysystems models within the scope of regulation of the right of public performance,ruling Aereo public performance right of copyright infringement. United StatesSupreme Court decisions to the contrary to some extent broke through on previousjudgments found that in the United States judiciary and the law has aroused muchcontroversy. But this does not violate the "will to act" rules, but also of the technicalfeatures of rapid development and interpretation of existing laws, and betterprotecting the rights of copyright owners and preserving the traditional developmentof the radio and television industry, has some forward-looking. However, the law hasa close relationship with interests, interests of the establishment, development andoperation of law law, in turn, affect the interests and development direction of "had tosay the outcome of the case is really old traditional broadcast media and new mediaconflict of interest behind”, against results of the game. This case involves Internetservice innovation, how to balance the interests concerning traditional broadcast TVbusiness model change or abolition of an innovative communications technologies,similarly also encountered challenges existing copyright law, may be the turning pointof the new rules and legislation.United States copyright principles project team has drafted a copyright item:Directions for Reform. Since Chinese government has launched its third amendmentof the Copyright Law, the above discussion may have some reference value.