| The program of the internet live video broadcasting is a new program form that based on the modern internet live transforming technology,sourced from the live filmed entertainment activities which is converted to the electrical signal and propagated synchronously to the audiences.It is welcomed since it's born for its openness,real-time interaction and non-modifiable authenticity and highly developed under the driven of the promotion of the modern live video broadcasting technology and the profits from advertisements.But there is not yet existing law or judicial theory that regulates the true nature of the internet live video broadcasting,the judicial protection of the copyright still needs to be highly promoted.The key element that distinguishes the copyright is the originality,but there exists disputes of the originality in Chinese intellectual property laws,so there are now two different opinions of true nature of the internet live video broadcasting,one is audio-visual recording,another is works.The participants of internet live video broadcasting include organizer,originator,broadcaster,actors etc.,which causes the complexity of the profits ascription and ownership.There is no existing copyright form which can regulate the right clam in the live video broadcasting environment,so when tort happens,copyright cannot be fully protected in such circumstance.According to the present laws and amendment drafts,the nature of works consists of various symbols.The audio-visual works is permutations and combinations of the pictures with or without audio.And the internet live video broadcasting is permutation and combination of the picture with innovative photography and lens clip,so it is for sure that internet live video broadcasting is audio-visual work.It should be protected as copyright.Although the subject of the relevant rights is complex,the relevant audio-visual works regulations can also be applied to the internet live video broadcasting.In order to resolve the interactive communication behavior,the amendment draft of the Copyright Law changed the definition of right of broadcasting.But it is against the principle of technical neutrality.Seeing from the relevant Austrian audio-visual communication laws,we can merge the broadcasting right and communication right to a new communication right form.In order to promote the healthy development of the online broadcasting industry,we should put forward the solution to the problem of the copyright of the internet live video broadcasting. |
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