Research On Several Copyright Issues In The Playback Mode Of IPTV

With the development of IPTV, there is more and more controversy about the playback mode of IPTV in practice. This paper uses the method of case analysis, literature analysis and comparative analysis to do the research on several copyright issues in the playback mode of IPTV. Specifically, this paper focuses on two issues, one is “the nature of the playback mode of IPTV”, and the other is “whether playback mode of IPTV is fair use”.First of all, before discussing these two issues, this paper tries to define the IPTV and the playback of IPTV. In the process of definition, this paper also tries to abandon the definition offered by interested parties. Instead, this paper tries to discuss its technical features from the technical perspective, in order to prepare for discussing two issues mentioned above.Besides, during the discussion of IPTV playback mode, this paper analyses the possible rights on copyright and neighboring rights. In the copyright, whether playback mode is the right to network dissemination of information or broadcasting rights is controversial. Through the case study of different terminals in the practice, this paper supports the view that the right of playback mode is the right to network dissemination of information. In the neighboring rights, because the playback of IPTV and the other broadcasting organization are not in the same transmission time, this paper concludes that the playback of IPTV isn’t the rights of broadcasting organization.What’s more, concerning the issues “whether the playback mode of IPTV is fair use”, this paper tries to use Sony and Aereo these two American cases to discuss how to use four factors of fair use on the function of “time-shifting”. This paper also uses China’s practice and American four elements to analyze the fair use of IPTV playback mode. In the analysis, I found that most of the scholars deny the possibility of the fair use about the playback mode of IPTV, which reflects the strong tendency to protect the rights of copyright owners.Finally, this paper tries to discuss the influence on copyright by internet. The collision of technology and copyright law requires us to denigrate the phenomena that technology thinking is better than the legal thinking. And the interest parties are to remind us that thought the "integration of the radio and TV network, the telecom network and the Internet” is coming soon, we should not reconstruct the rights roughly. At the same time, in the era of internet, we should also avoid the tendency that the right of the copyright owners squish the space of the fair use, because such tendency doesn’t meet the free and share character of internet.