Study On The Theory And Practice Of The Reconstruction Of Network Transmission Rights And Broadcasting Rights Under Triple Play

Proposed the concept of Triple play for the first time since 2000,our country has taken many measures.The General Office of the State Council issued “The Triple play Extend Project “in 2015 marked the Triple play starting to promote comprehensive.The advantages brought by Triple play is obvious.It also impacts the copyright when Multifunctional device terminal bring convenience to the user,especially in the field of broadcasting and network transmission.One reason is the lagging legislation,the other is network transmission right and broadcasting right in the copyright law being closely connected with technocratic.Our country has proposed a variety of reconstruction scheme for the problem.However,the existing researches not provide in-depth analysis and research for theoretical basis and practical sustain.As a starting point and make an analysis and evaluation of the existing reconstruction schemes,then Choose the neutral remote transmission right reconstructing scheme as the research object.Horizontal compare legislation of transmission right of China and the right of transmission to the public,to provide theoretical support for reconstruction scheme.By analyzing the typical cases of justice,and propose the reconstruction for network transmission rights and Broadcasting rights based on the current requirements.Then proposing the copyright law drafts covering non-alternation prevalence approach is not a long term solution,combining the draft of the copyright law modification process in China.The triple play with technology integration require legislation to keep neutral for technology.The remote transmission right adopting the behaviorism legislations path is a wise choice.At the same time that the remote transmission right has been refined.