Research On The Legal Issues Of Right To Live Streaming

The development of Internet technology has enriched the way of data transmission.The arrival of the era of triple play(combining telecommunication networks and broadcasting and television networks into the Internet)has brought about the growth of web broadcast technology.As early as in 2010,in order to deal with the infringement of the copyright of works on the interactive internet information dissemination model,legislators wrote the “copyright of information network” into the “copyright law”.Nowadays,the emergence of webcasting has made the protection of copyright in the field of internet communication a hot topic in academic circles.This article is divided into four chapters.The first chapter introduces the rise of webcasting and the characteristics of webcasting technology.Subsequently,the concept of webcasting rights was elicited,and the relationship between webcasting and the broadcasting rights and information network dissemination rights as stipulated in China's current Copyright Law was briefly introduced.Then it also introduced the legislative status quo of China's Internet broadcast rights.Chapter 2 demonstrates the legal nature of webcasting rights and the subject,object and content of webcasting rights.Based on the current “copyright law”,the author clarifies the legal nature of webcasting rights through a detailed comparison of the similarities and differences between webcasting rights and performance rights,broadcasting rights,information network communication rights and public communication rights.Finally,it is found that the right of webcasting as a copyright property cannot be fully included in any sub-right of the current "Copyright Law." Therefore,the copyright system needs to be improved.The third chapter introduces the international copyright treaty such as the Berne Convention and the regulations on the right of live broadcasting in foreign legislation.It elaborates on the legislative model and the construction of the Internet communication right system,and provides a reference for the legislation of China's live broadcast rights.Based on the arguments from the previous three chapters,the fourth chapter systematically answers the legal nature of webcasting rights,the legal constitution of webcasting rights and the conditions for the exercise of webcasting rights,and the positioning of webcasting rights in China's copyright system.problem.In short,webcasting is a way for authors to use their work,and the law should give authorsthe right to protect the right to spread the work through webcasts.Therefore,the rights of webcasting should be incorporated into our copyright system to better protect the legitimate rights and interests of copyright holders.