Research On The Copyright Infringement Of IP TV

In the triple play of the times,the development track of the traditional television manufacturing industry has been greatly influenced by the Internet technology and thinking,manufacturing "IP TV" which is a new product to promote the TV set manufacturer in the market.Throughout history,the emergence of new things will inevitably have a certain impact on the existing legal system,including IP TV.Since its emergence,the typical case of many controversial judicial practice at home and abroad in copyright,for example LETV v.Guangzhou Zhujiang Digital Co.Ltd.case,LETV v.Print-Rite Video case;the Sony case,Cablevision case and Aereo case etc..With the cases of Internet TV litigation cases concluded,for IP TV manufacturers should bear the liability of copyright infringement,and broadcasting right,Information network transmission right and performance right of their right range are divergent.Therefore,it is urgent and important to study the problem of copyright infringement of IP TV and the boundary of the existing legal system.This article is based on this topic and research.This paper is divided into three parts,the first part is based on comparing typical domestic and foreign about IP TV copyright infringement cases and refining the controversial problems of the main points to provide the research object for the second part of this paper.The second part is the focus of this article,the author will analyze deeply the specific controversial points summarized in the first part,mainly focuses on comparing with broadcasting right and the right of dissemination via information networks,comparing with performance right and the right of dissemination via information networks and analysis of the legal status of the broadcasting organization,the analysis of the broadcasting right and the right of dissemination via information networks is mainly from the media,the public and the specific time limit three aspects;to distinguish between performance right and the right of dissemination via information networks is analyzed from the two kinds of scene and interactive features;not only its positive rights but also the negative rights on the analysis of the legal status of the broadcasting organizations.The last part is proposed aiming at the problem of the IP TV copyright infringement,including two kinds of legislative idea transformation,one is the conception of referring to Europe and the United States established a unified power transmission,the second is to transformate broadcast rights,right of dissemination via information networks and performance right,the pros and cons of the two ideas compared to the gain for the improvement of China's copyright law system work.