Research On Broadcasting Organization’s Right Of Communication Through Information Network

The development of the Internet and 5G technology has innovated the technology of broadcasting and communication.At the same time,the risk of radio and television being stolen and reproduced at will is also increasing.The voice for protecting the interests of the broadcasting organizations industry is rising,extending the rights of broadcasting organisations to the Internet seems to be the order of the day.The rights protection system of international and national broadcasting organizations based on the Rome Convention can not effectively solve the difficult problems faced by the broadcasting organizations.General Assembly of the World Intellectual Property Organization formally established a signal-based approach to reaching agreement on the content of the treaty in 2006.However,at the international level,the exact position on copyright protection for broadcasting organizations has yet to be formalized,and WIPO’s position is far from certain.At the national level,different countries in the way of copyright protection of broadcasting organizations are not the same.Most countries still adopt the protection mode of "program theory" and endow the broadcasting organizations with the right of communication through information network,and the same is true of our country when the copyright law is amended in2020.But the legitimacy of "program theory" is not enough,so is the legitimacy of the right of information network communication based on "signal theory".The protection of broadcasting organizations is based on the broadcast of programs rather than the production of programs.In essence,the view of "program theory" equates "making program" with "communication program",which confuses the relationship between "communication" and "creation".The mode of protection of the rights of broadcasting organizations based on "signals" has a realistic and legal basis,which can not only effectively prevent the diversion of broadcasting and avoid harming the interests of broadcasting organizations,but also maintain the balance between copyright and neighboring rights.It doesn’t mess up the legal logic.As a special intellectual property,the right of broadcasting organization has the attribute of unfair competition,and the viewpoint of "signal theory" will not shake the theoretical foundation of immateriality of intellectual property.Empowerment of broadcasting organizations in the dissemination of information on the Internet brings about a cascade of rights.Regions such as the European Union provide a considerable degree of protection for broadcasting organizations,however,some member countries are very cautious about the application of broadcasting organization’s right of communication through information network.In order to maintain the balance of interests among the public interest,the copyright owner and the neighboring right owner,the broadcasting organization’s right of communication through information network should be the right of prohibition,not the right of licensing.At the same time,we should make clear the limitation and exception of the broadcasting organization’s right of communication through information network.