Legislative Perfection Of The Right Of Communication To Public

Due to the high technology development on the internet,there are various communication ways to the public nowadays.However,the current legislative system of the public communication is not followed to the rapid growing technology.The right of communication through information network and the right of broadcasting under the current copyright law are not able to provide an entire coverage within the actual practical behaviors,which need to be modified.By reviewing and analyzing the vulnerable area of the current copyright law,the article is trying to justify the reasonableness of establishing the right of communication to the public and proposed suggestions for the third amendment of the copyright law.There are three parts in article.The first part explained the right of the communication to public is made of the right of communication through information network and the right of broadcasting.In the actual practice,there are problems occurred which causing the strange scenario that same cases with different results.So far,those irrigations are mainly happened on the wired broadcasting,real-time broadcasting,and live streaming.Those vulnerable loopholes made the public doubt about the power of litigation.The reason can be explained by the international litigation pressure causing and using a technical legislation approach which lost its neutrality when initialing the copyright law.Then the article analyzed the rationality of introducing the ’’right to public communication ’’ to the public.Based on the World Intellectual Property Organization Copyright Treaty(WCT),it introduced the ’’right of communication to public ’’ which can properly solve the current legislation dilemma.China is one of the countries in the WCT,but the legislation did not reach the required protection standards.Pursuant to the history of the right of communication of public,it was established at the expansion phase of the information technology development by WCT.The aim is to regulate the digital internet application.It used ’’umbrella-shaped ’’ solutions which founded the well-accepted copyright system.The famous international ’’Aereo case ’’ and the latest domestic ’fighting fish case ’’ proved the reasonableness of establishing the right of communication to public.In the final part,the article had further analysis on the right of communication to public.There are different legislation treatments in different countries based on their unique case scenario.The recommendation of the article is to take advantage of the positive legislation structure of WCT and EU to make it compatible to the domestic copyright law system,and amend the law according to the our country ’s reality.The legislation principles need to neutrality as well as the technology.Thus,for the copyright law amendment,the article suggests to regulate the communication information technology by adopting the right of communication to public through integrating the right of broadcasting.During the amendment law implement,it should monitor the appropriate means of behavior and the following the effect of the use of behavior.The benefits of amend current copyright law by adding the right of communication to public are maintaining the neutrality of legislative principle and adapting the rapid information technology development.It is also paralleled the domestic protection standards with the international standards,which is helpful for the international business development.The third copyright law amendment is supposed to consider adopting the right of communication to public.