The Modify Of Right Of Broadcasting And Right Of Communication Of Information On Network

Right of broadcasting and right of communication of information on network are the property rights stated in article 10 of China’s copyright law. With breakthroughs in communication technology, especially the development and popularization of triple play, right of broadcasting and right of communication of information on network must face to emerging demands and challenges. In this process, legal loopholes created by the current definitions of right of broadcasting and right of communication of information lead to three dilemmas in judicial practice, that is the failure to control the behaviors of providing works or live to public through non-interactive communication, of providing works to public in LAN through interactive communication, of spreading works directly through the cable systems. The reason of these dilemmas is that the legislation pattern of "China’s Copyright Law" was rigidly limited by existing technology. Our judicial practice and theory proposed a variety of methods to solve the above dilemmas, but these methods are either staying at the level of theoretical discussion, or usually arousing controversy although it was applied to judicial practice. Therefore, legislators began to modify "Copyright Law."This paper has done the comparative analysis of right of broadcasting and right of communication of information on network which were modified in the drafts of "Copyright Law". Although the advanced progress has made, the revised draft still restricted to narrow thinking, rigid legislative path, limited view, and the lack of forward-looking. The paper try to set a new right, namely the right of remote communications, instead of the existing broadcasting right and the right to network dissemination of information, which covers the new non-interactive network communication behavior and the behavior of direct transmission cable. In this way, it can not only be able to respond to difficulties and challenges brought by technological advances of copyright, especially the advanced copyright protection performs in the context of triple play, but also make our country fulfill international obligations effectively which the WCT requires.