Research On Copyright Protection Of Webcast

In just a few years,the internet live streaming industry has sprung up like bamboo shoots after a rain,forming a huge market,but lucks legal restriction of emerging media.The development of webcast technology has greatly changed people’s leisure and entertainment methods,people obtain live broadcast signals at any time and place through computers,TVs or mobile phones,and choose their favorite live broadcast content to watch.The legal characterization of the internet live streaming has always been controversial in academic circles.With the third revision of the“Copyright Law of the People’s Republic of China”(hereinafter referred to as the“Copyright Law”),the adjustment of broadcasting rights indicates the complete end of the era of the application of “all-out clause” regulations in the past.However,this implies the precondition that the internet live streaming must constitute “works”.For different types of the internet live streaming,how to define “works”,what kind of works and the ownership of its rights are still in dispute.With the emergence of“audiovisual works” in the newly revised “Copyright Law”,this issue also has more room for further discussion.At the same time,due to loopholes in China’s “Copyright Law”,the problem of copyright infringement in the internet live streaming has become more serious.Based on this,it becomes particularly important to sort out the main body of the internet live streaming,the behavior type,the principle of responsibility,and the responsibility assumption,and to propose effective solutions on the basis of existing problems.This article is mainly divided into five parts.The first part is an overview of the copyright protection of the internet live streaming.In the second part,a classification analysis of the copyright protection of the internet live streaming is carried out.It systematically explained the operation methods of live sports,live game and live show broadcast,and made corresponding legal qualifications for different internet live streaming.The third part,on the basis of determining the object of copyright,analyzes the relevant subjects to determine the ownership of the copyright.The fourth part,discusses the infringement liability of the internet live streaming,analyzes the infringement subject,liability and distribution of the copyright infringement in the webcast,which leads to the application of “notice-delete” when indirect infringement on the internet live streaming platform.The fifth part proposes adjustment suggestions for the copyright protection of the internet live streaming in China.Starting by analyzing the status quo of China’s legislation,comprehensively analyzing the problems in full text,and putting forward feasible legal adjustment suggestions.Striving to analyze the problem from multiple angles,put forward diversified and highly feasible legal adjustment suggestions,and provide directions for China’s future legal improvement in terms of system structure and content setting.