Study Of Non-interactive Communication Behavior

With the continuous development of network communication technology, content and way of the means of communication are increasingly diverse. The establishment of "copyright law" the purpose is to protect the legitimate interests of copyright holders, but the spread of technology change rapidly changed the object of legal constraints to a great extent, it also highlights the law lag and limitations. At the same time, it is not able to establish the legal system in accordance with the legislation mode of their country, or the legal transplant, which will cause the problem of legal restriction. In 2001, China amended "copyright law", adding the “right of dissemination through information network ", namely in a wired or wireless manner to the public provide works, so that the public can obtains the work in the selected time and place. The development of China’s "copyright law" on the " right of dissemination through information network " definition, direct reference to "WIPO Copyright Treaty" Eighth "on the right of communication to the public" relevant provisions. China’s "copyright law" provisions of the right of dissemination through information network is the reference to interpret out of context the relevant provisions of the "WIPO Copyright Treaty" the second half of eighth on the right of communication to the public of the incomplete definition brought many legal problems of the.The non-interactive communication means of copyright works spread, such behavior in our country in 2001 "copyright law" can not be regulated, due to the convergence of broadcasting rights and the right of dissemination through information network of constraint propagation behavior problems, the academic circles and practical circles for non-interactive communication behavior legal nature of controversy. With the accelerated pace of society, by Internet service providers make programs according to the user’s preferences, in the published prior to the show’s single in determining good player to provide service for a period of time, public viewing at a predetermined time point, and enjoy the show. Such a mode of transmission will more and more popular, so for the legal regulation of the non-interactive communication behavior becomes more and more urgent.The author learned that access to information in the academic circles, for non-interactive communication behavior legal nature of the third claim, the first claim by right of dissemination through information network be regulated; the second proposition by broadcasting rights regulate; the three claims shall be enjoyed by the owner of the copyright in the work of other rights to be regulated. In judicial practice, there are cases judgment results apply these three rights to adjust the non-interactive communication behavior. With the increasing problem has become increasingly prominent and the development of economy, free trade zone, the State Copyright Bureau actively respond to the problems, in 2007 in succession to the community to solicit "copyright law" revised draft. By analyzing the behavior of the copyright law in the regulation of non-interactive communication in 2001, the author also paid attention to the solution to the problem of "copyright law". Through a comparative study of domestic and foreign legislative model, the legislative thinking, the author of the right of communication to amend the part of the third draft to modify the "People’s Republic of China Copyright Law" in the study, concerning the right of communication, the development rights and other studies on the third draft of legal regulations. Through combing the "copyright law" for the third time to modify the background and the domestic or foreign legislative mode and legislative thinking of research, analysis of China’s "copyright law" the third modification draft and the advantages and disadvantages, proposed legislation to improve and improvement.