Study On How To Formulate The Non-interactive Internet Communication In Our Country By The Copyright Law

Along with the advancement of the triple-play, there is non-interactive network communication such as the network real-time transmission which infringed the copyright of others appeared in the judicial practice. In 2012 CCTV network company v.Baidu company infringement again put people on qualitative issues about the non-interactive internet communication. The case which has experienced a complete civil procedure involves and reflects the question of the legal attribute of non-interactive network communication. And in the background of the triple-play, the non-interactive network communication will become the norm, but the non-interactive network communication cannot be regulated by the Copyright Law. Therefore, studying the infringement case of non-interactive network communication has a lot of significance.Based on the CCTV network company v. Baidu company case as the research object, mainly divides into four parts: the first part introduces the basic details of the CCTV network company v. Baidu company case, the plea and the result of the court,which that is in order to clarify the case and have a basic understanding and thinking for this case.The second part summarizes and analyzes the controversial focus in the case. From the definition of non-interactive network transmission, according to ours current copyright law relevant provision, it is concluded that the non-interactive network communication cannot be regarded as violation of information network transmission right, also not covered for broadcasting rights control actions, more do not belong to the right of distribution, rental, exhibition, but should apply out of copyright clause.The third part of the court ruling for evaluation. The court may think network real-time broadcast infringed broadcasting rights, may also be out of copyright clause to regulate. But the author thought it’s be out of copyright clause to regulate more appropriate, because the court has expanse the explanation of the wired broadcasting in conformity with the provisions of the broadcasting rights, and it’s also different from the legislative background of broadcasting rights.The fourth part discusses our country copyright law and related regulations are perfected. Through summarizing the non-interactive network communication behavior tort qualitative hard because the relevant provisions in the copyright law in our country have problems, and then probes into the lack of related regulations of first draft, thesecond draft, and the third draft and Song Shen Gao of the copyright law modification draft for the third time, aiming at the deficiency, in order to make the non-interactive network communication behavior regulation by law, so that the copyright law system more perfect, there have need to redefine the broadcast rights and perfecting the legal license system and relating right system.