Research On The Right Of Broadcasting Organization In The Network Environment

The development of broadcasting technology has experienced the transformation from wireless broadcasting to cable broadcasting,from analog electronic signal broadcasting to digital electronic signal broadcasting.At present,the sixth information technology revolution is coming,which is a high-tech multi-media technology information revolution with electronic computer technology as the leading factor.In this process,some lawbreakers use new technologies to steal broadcast program signals,some copy or record broadcast signals temporarily through computers,some use the Internet to transmit recorded broadcast signals,and some record broadcast programs and carve them into CDs for mass sale.In the face of various acts of stealing broadcasting,broadcasting organizations feel that their interests are threatened unprecedentedly,and strongly demand to improve the level of interest protection in the network environment.Therefore,many countries began to revise copyright law to strengthen the protection of the interests of broadcasting organizations.The international community has also made efforts to this end.Since 1998,the copyright and related committees of WIPO have held 25 consecutive sessions to discuss the formulation of an international convention for the protection of the rights of broadcasting organizations.In September 2006,the draft treaty of the broadcasting organization of the World Intellectual Property Organization(hereinafter referred to as the "draft treaty of the broadcasting organization")was finally drafted,which is the latest legal text on the protection of the rights of the broadcasting organization.Although the provisions of the draft are quite different between developed and developing countries,and the draft has not been adopted so far,its comprehensive and detailed provisions on the right of broadcasting organization have pointed out a new direction for the revision of national legislation on the right of broadcasting organization.The current copyright law of our country gives special protection to the right of broadcasting organization,but the provisions are very rough,and because of the use of the provisions of the Rome Convention,with the extensive application of digital technology and broadcasting technology,the interests of broadcasting organizations can not be effectively protected for a long time.The author believes that in order to fully protect the legitimate rights of broadcasting organizations,China should keep close attention to the trend of the draft Broadcasting Organization treaty,and make corresponding amendments to the copyright law of China,so as to improve the protection system of broadcasting organization rights in China.In this paper,in view of some problems faced by the broadcasting organization right in the network environment,the subject scope of the broadcasting organization right is studied,and whether the network broadcasting organization can become the subject of the broadcasting organization right to enjoy the broadcasting organization right is analyzed.Then,combining the digital signal and the network broadcasting signal in the network environment,the object of the broadcasting organization right is further discussed.Finally,through the analysis of the broadcasting organization right's It is suggested that,for example,the rights of broadcasting organization should be expanded,recording right should be expanded and the rights of recorded broadcasting organization program should be provided,so as to help solve the problems faced by broadcasting organization right in the network environment.