On The Establishment Of The Right Of Communication To The Public

China's "Copyright Law" stipulates the property rights in the form of "right bundles" and forms rights groups such as reproduction rights,distribution rights,rental rights,broadcasting rights,and performance rights.For the definition of mechanical performance rights,broadcasting rights,and information network communication rights,the technicalistic legislative path is embodied.With the profound changes in communication technology,the design of rights system exposes the drawbacks of conceptual exchanges and blurred boundaries.Real-time network propagation and timing playback in the network context.In judicial practice,the practice of applying the stipulations of the stipulations of “the other rights of copyright owners” has serious flaws.As a matter of expediency,it cannot solve the problem fundamentally.In the theoretical circles and judicial practice,specific countermeasures are proposed to solve the above dilemmas,but they are not effective.Most of them are stuck in the theoretical discussion level,or they are controversial in the process of applying practice.Therefore,resorting to legislative means and amending the "Copyright Law" became a consensus.The drafts of the revised Copyright Law and the drafts for review are based on extraterritorial legislation,and a new "playing right" is set up to try to solve the regulatory difficulties of non-interactive network transmission and cable direct broadcasting,but it is still a passive "repairing" legislative model in nature.As for the "repairing" plan in the revised draft of the Copyright Law is still not enough to deal with the problems brought about by the rapid development of digital networks,it is necessary to establish a superior right above the broadcasting right and the right of communication through information network.Introducing the concept of "the right of communication to the public",it is important to refer to relevant legal requirements in international conventions and legislation of representative countries and regions.Although the United States and the United Kingdom belong to the common law countries,they are far from each other in terms of legal requirements the right of communication to the public.The legislation in Germany,Japan,and region of Taiwan has both inherited the convention and retained the original rights.It is worth our country to learn from.The newly established right to disseminate to the public should draw lessons from the legislative approach to technicalism,take technology neutrality as the principle,clarify the boundaries of rights,and define the concept and scope of rights,so that the right of communication to the public and its sub-rights are each in place and each perform its roles.This will unify the two powers to make up for the cracks in legislation and allow the Copyright Law to adapt to the development of digital networks and the docking of international business.