Research On Broadcasting Organization Rights In The Converged Media Environmen

The latest Copyright Law amended the provisions on the right of broadcasting organizations.This amendment mainly expands the content of the right of broadcasting organizations and the restrictions in exercising the content of the right,i.e.,on the one hand,it expands the scope of the content of the right of broadcasting organizations to the Internet field,and on the other hand,it strictly distinguishes the boundary of the exercise of its right as neighboring right and copyright.However,no explanatory response has been made to the issues of the scope of the subject matter,the definition of the object and the application of the content of the right that have always existed in this right system.Therefore,this paper examines the current focal points of the broadcasting organization right system in China in the context of media convergence,with a view to responding to the controversial issues of the scope of the subject,the definition of the object and the application of the right content of the broadcasting organization right in the academic and practical circles.In view of this,it is of great theoretical and practical significance to clarify the issues of the scope of the subject matter,the definition of the object and the application of the content of the right to broadcast organization,in order to understand the application of the right to broadcast organization.The first chapter of the thesis is an analysis of the current situation and problems of broadcasting organization rights,firstly,an overview of the emergence and development of broadcasting organization rights;secondly,an analysis of the current situation of China’s broadcasting organization system,i.e.,under the trend of media convergence development,the content of broadcasting organization rights and the scope of the subject matter have evolved greatly;finally,combined with the legislative provisions of China’s broadcasting organization rights and the characteristics of the media convergence environment,we summarize and conclude that under the media convergence environment Finally,we summarize the three main problems of China’s broadcasting organization rights in the environment of media convergence,namely,the lack of clarity in the scope of the subject,the ambiguity in the definition of the object,and the lack of specificity in the application of the right content.Chapter 2 focuses on the reasonable expansion of the scope of the subject of broadcasting organization rights.Firstly,by sorting out and analyzing the differences in the subject scope of broadcasting organization rights in China’s traditional broadcasting environment and media convergence environment,the feasibility of expanding the subject scope of broadcasting organization rights in China nowadays is explored;then,on the basis of following the legislative sources and practical needs,the subject scope of broadcasting organization rights in media convergence environment is constructed,and the main discussion is that the expansion of subjects in media convergence environment has realistic needs and The main purpose of this study is to explore the practical needs and legitimacy of expanding the scope of the subject matter in the media convergence environment,and of course,we can also look for references from overseas laws when expanding the scope of the subject matter.Chapter 3 analyzes the objects of broadcasting organization rights.Firstly,we analyze the existing theories on the object of broadcasting organization rights,and analyze the provisions of our legislation on the object of broadcasting organization rights and the controversial points on the definition of the object,i.e.,which object can be explained by the existing "object of program content" and "object of broadcasting signal".On the one hand,we still insist on the international "signal object theory",and on the other hand,we should clarify that it is not purely "signal",but "signal".On the other hand,it is necessary to clarify that it is not purely "signals",but "signals containing program content" that should be the object of protection of broadcasting organization rights.Chapter 4 focuses on the understanding and application of broadcasting organization rights in the context of integrated media.Previous research on this issue has focused on whether to expand the content of broadcasting organization rights,but the new Copyright Law has responded to this issue by adding some rights to broadcasting organizations,but it does not specify how to understand and apply the rights in practice.From the results of the study,the right of retransmission of broadcasting organizations should be interpreted and applied in an expansive manner,i.e.,the scope of protection of the right of retransmission of broadcasting organizations should be extended to the network field,and the act of retransmission on the network should also be regulated;the right of information network dissemination of broadcasting organizations should be interpreted and applied in a restricted manner in order not to obstruct the exercise of the rights of copyright owners and other neighboring rights holders,i.e.,the right of information network dissemination of broadcasting organizations should be limited to Broadcasters shall protect the broadcast programs they produce and broadcast themselves.