The Scope Of Broadcasting Rights In The Network Environment

China's broadcasting rights system is directly derived from the legal text of the Berne Convention,because of the failure to follow up the provisions of the World Intellectual Property Organization Copyright Treaty(hereinafter referred to as WCT)to expand it into a comprehensive broadcasting right,it is far behind the development of the times.In addition,in the application of the law,researchers and judges are influenced by the traditional thinking of "wireless broadcasting" and adopt more obsolete rules of legal interpretation.It has been debated whether the new network communication behavior(including Initial network propagation,network rebroadcast and time-limited lookback)can be included in the adjustment of broadcasting right.The root cause of this problem lies in paying too much attention to the technical characteristics of broadcasting behavior and neglecting its behavior characteristics,which leads to the lack of clarity on the substantive connotation of broadcasting right.Therefore,it is the best way to solve this problem to analyze the essence of broadcasting right and to embody its behavior characteristics in legislation and judicature.The broadcast behavior has the characteristics that the signal transmitted by it is kept in the medium of transmission for a short time,and only takes place within the time determined by the transmission implementer.Although the copyright law of our country is about to be revised again,and the legislative gap that the initial cable(network)broadcasting can not be adjusted by the broadcasting right will be filled,it is still inevitable in the legal practice to analyze the real meaning of broadcasting,distinguish the boundary with other communication rights,especially the information network communication right,and the experience and lessons in the judicial practice are worth learning and reflecting.