Research On Copyright Of Network Video Live Broadcast

In the judicial practice,there are the Phoenix sports broadcasting case and Betta case,which become the fuse of fire discussion is inevitable around the study of network video broadcast copyright on the Internet technology development situation.The emergence brought about in the development of emerging economical environment,therefore,whether the network video broadcast has originality and copyrights? How to protect it? All kinds of viewpoints in the theory circle emerge in an endless stream.we discuss it stand on the point of view of the whole network video broadcast,the corresponding type of the first video network in football,basketball and other events as the leading broadcast and electronic games as the representative of the network video broadcast,which are part of the Independent Network Video Broadcast.Secondly,the broadcast of Celebrity life and red net live video network as the representative of the Semi Independent Broadcast.Thirdly,it is a simple link independent network video broadcast(Non Independent Video Broadcast),which bases on the three types of classification and copyright theory,the author discusses the originality of the various types of network video broadcast,the way to determine the copyright,the copyright protection and the reasonable use of copyright.The specific ideas of this paper are divided six parts:The first part raises the question.Through a brief analysis of the "Macropodus case" and "Phoenix TV" case,raised questions about the webcast: first,the event broadcast screen if original? Secondly,whether the relevant network video broadcast has copyrights? Thirdly,how to regulate the broadcast infringement ?In the second part,we discuss the types of video broadcast and distinguish the three types.From the network video broadcast corresponding making or carrying the body of the respective characteristics of different and forms as the basis for the distinction,we take "live + sports" and "live + gaming game" as the representative of the independent type of network video broadcast,the process of broadcast is the most complex,the clips and the filming is full of innovation and design,the whole process is independent,in addition to the content,which almost does not depend on the other platform,the whole process in a body,the scope of the economy is largest;we take "live + celebrity","live Red Net +" as the representative of the semi independent network video broadcast,which relatively weaken the degree of independence.At the same time,it must rely on other broadcast platform,and it's shooting is a certain appearance of objective facts,which meet the audience's curiosity of makers' lives,behavior habits;we take "live + very little;link play" and "live + piracy network" as the representative of the non independent network video broadcast,which emphasis is focus on a link,the content is not based on their own investment or independent production,but based on their existing instant playback on the content,which often involves licensing,otherwise it's easy to become illegal piracy network.In the third part,according to the international standard of originality,we will discuss the various types of network video broadcast should adopt which standard of originality and various types of network video broadcast the originality of the strength of concrete is made of various aspects of the layout design,completely independent broadcast network video process is complex,strong originality;second semi independent network video broadcast has not itself platform,but depends on other broadcast platform,it is difficult to identify originality;the kind of non independent network video live broadcast,is a link to the real-time broadcast,the originality of the premise that the premise is receive the signal after recreate.So,it is just simply receiving and playing which has not originality.In the fourth part,we will discuss the copyright identification and protection of various types of network video live broadcast,discuss the practical and theoretical perspectives.The concrete is judicial practicing,it is limited by the existing laws and regulations which are not clear to this question,our judges tend to favor video broadcast network does not have the copyright on the meaning of the original law,it is difficult to identify the copyright,and difficult to advocate the use of copyright law to protect,and they just can take pocket bottom of the anti unfair competition law to protect;some scholars believe that the theory of network video broadcast is the result in the right internet environment,and the provisions of the current copyright law of the right to network dissemination of information on the scope of the subject are unified,so it is can be protected by expanding the right to network dissemination of information;at the same time some scholars did not think so,and said the right to network dissemination requirements is limited by itself,it should someone select time to fix play,most current video broadcast network does not meet the conditions,and that the subject of the right of broadcasting and A similar form,there are wireless type and wired type,it can be advocated by expanding the right of broadcasting cover the video broadcast network to protect,finally there exists a view thinks that the network video broadcast network is the product of innovation,which is significantly different from the traditional communication mode of each creation or the media,.It should be combined with the creation of various views that webcasting a network broadcast rights in the era of the creation of the right to be protected,that is Netcasting protection,which can meet the requirements of stability in the network era,based on the ancient new adorable and can protect the copyright law,it is reasonable in the right environment.In the fifth part,we will discuss the creation of the protection to the right of the corresponding type of webcasting a network video broadcast,and specific application,netcasting right is different from the current copyright law of the right of broadcasting,the broadcasting rights in traditional wired or wireless communication mode in the existing legal rights,despite the video in the network broadcast live on suitable effect can be obvious but the main limitation of the traditional mode of communication can not be extended to the main network.And the right to network dissemination of information subject covers the video webcast subject,but the content of "the selected time" and "selected sites" would largely limits its scope of application,so the webcast apply the combination of two rights and it adapts to the new environment and innovation network,it can be applied to protect the broadcast.Network video is completely independent of the right to get live webcast is the root of right,the network can effectively regulate the rights of webcasting and piracy behavior.According to the network video type of semi independent live,the live itself can not be identified by copyright,it just can apply neighboring rights to protect,there is no possibility for webcasting right.To non-independent broadcast,It applies the webcasting right only through recreation.especially the conversion of the use of network video broadcast,on this point of view,for unauthorized network piracy because it does not meet the reasonable use of four elements and there is no conversion,which is not suitable for the rational use of defense,and the broadcast content itself which works under the condition of network video broadcast to the corresponding creative content of live and play,which makes money through vicarious adds,finally the formation of the new arrangement with works are different from the original works.Therefore,it is possible to apply the reasonable use of network video broadcast.