Qualitative Research On Copyright Of IPTV Review

With the promotion of the policy of triple play and the widespread application of streaming media technology,Interactive Personality TV(IPTV),which combines the characteristics of broadcasting and network transmission,has embarked on the fast lane of development.Compared with traditional TV,IPTV has added on-demand and watch-back functions to enrich people’s entertainment life.However,IPTV watch-back behavior using new technologies has not been well understood by people and the judicial judgment has not unified standards,which has brought many controversial issues.Even after the revision of the Copyright Law in 2020,There is no unified understanding on whether the legal characterization of IPTV censorship is the regulation of broadcasting right or information network transmission right,and there are even contradictory judgments in similar cases.This paper attempts to explain the problem through the analysis of relevant laws and regulations and cases,as well as literature analysis and case analysis.Specifically,this article mainly focuses on the "qualitative dilemma of IPTV review behavior","discussion on the issue of the division of two rights by industry in IPTV review judgments",and "applicable standards for qualitative IPTV review copyright".discuss.First,an introduction to the characteristics and status quo of IPTV back to look at behavior,which leads to the current broadcast rights and the choice of two kinds of information network transmission right infringement judgment,not from the information network transmission right infringement case verdict,this paper analysis the main focus in the industrial policy to the referee,the two power transmission objects "public" and to "interactive" the interpretation of the understanding is not consistent and controversial.Then the three reasons for dispute are analyzed and discussed respectively in the following article.Secondly,the judgment used industrial policy to argue that IPTV review belongs to broadcasting rights,pointed out the unreasonability of the court to divide the two rights standard by the industrial market and refuted it.Through the game analysis of the IPTV review industry and the online video industry,it is deduced that both parties will be caught The homogenization of the market will eventually lead to vicious competition,and it has been concluded that it is difficult to reasonably demarcate broadcasting rights and information network transmission rights from the industrial market level.Thirdly,starting from the legislative model of the separation of two powers in my country,combining with foreign copyright laws,a comparative analysis of foreign rights norms for "broadcasting" and "information network transmission",and learning from the beneficial legislative experience of broadcasting rights and information network transmission rights.Finally,the choice of IPTV review behavior for the application of the two rights still needs to return to the essential distinction of communication behaviors,using "interactive" communication as the medium,and the legal constituent element "time and place selected by the public" as the qualitative IPTV review law.The applicable standard is to make the same identification of "the public" as the object of the dissemination of the two kinds of rights in the dispute judgment,and to make a comprehensive explanation of "the time and place of the public choice".The determination of the degree of freedom of "selection" should adopt the right of choice standard,and A reasonable interpretation of the key element "interactive" in the applicable standards is in line with the legal requirements,and the degree of "interactive" is not judged for the IPTV response,so as to achieve the purpose of distinguishing the two rights of IPTV review and qualitative.In the end,based on the application of the two-right demarcation standard,it is concluded that the qualitative IPTV review behavior should belong to the infringement of the information network transmission right,eliminating the wrong judgment of the broadcasting right regulation.At the same time,it is necessary to establish a relatively unified IPTV review infringement judgment standard,and improve the legal provisions and judicial interpretation on "interactive" and "non-interactive",so as to protect the interests of the right subjects,solve the qualitative dilemma of the copyright involved in IPTV replay,and promote the sound development of the network copyright industry.