The Explanation Of The Expansion Of The Content Of Broadcast Organization Right

Since the birth of radio broadcasting technology,radio stations and TV stations have gradually become important platforms for the public to obtain information.In order to protect the legitimate rights and interests of neighboring rights such as broadcasting organizations and regulate the illegal acts,the Rome Convention,TRIPs and other existing international conventions have established a framework for the protection of neighboring rights including the right of broadcasting organizations.With the development of information technology,emerging technologies have challenged the old system of protecting the rights of broadcasting organizations.The international community has begun to discuss the formulation of a new international convention--Treaty for the Protection of Broadcasting Organizations to regulate the infringement under the condition of emerging technologies.In order to comply with the trend of international legislation and maintain the interests of radio and television in the network environment,the third revision of Copyright Law in our country expands the rights of broadcasting organization.Generally speaking,it is reflected in the following aspects: first,the scope of the adjustment of broadcasting rights is extended to the network environment,allowing the regulation of the unauthorized use of the Internet synchronous retransmission behavior;Second,it cancels the restriction of "audio and video carrier" in the right of broadcasting organization recording and copying.Third,the broadcasting organization is given the right of information network transmission,so that it has the right to forbid the infringer to carry out interactive communication through the network.In addition,in order to balance the interests of the broadcast organizer with those of copyright and other adjacent rights,and maintain all rights equally,the new Copyright Law also adds restrictive clauses to regulate the exercise of the right of broadcasting organization by radio stations and television stations.Combining with the general situation of domestic and foreign legislation,this paper attempts to analyze the rationality of the expansion of the content of broadcasting organization rights,and explains the disputes caused by the expansion of the content of broadcasting organization rights,so as to have a thorough understanding of the article 47 of the Copyright Law of our country.The research content of this paper is mainly divided into three parts:The first part is about the research of broadcasting rights.In this part,it firstly studies the relevant legislation of international treaties and foreign typical countries,and explains the provisions of different version of Copyright Law on broadcasting right of broadcasting organization in combination with the era background.Then,the rationality analysis is made on the expansion of broadcasting organization’s broadcast right.With the development of network market,judicial practice requires the expansion of broadcasting organization’s broadcast right.Our country should follow the legislation trend of international society to expand broadcasting organization’s broadcast right in order to stimulate the vitality of broadcasting organization.Finally,the article 47 of the Copyright Law is understood and the disputes caused by the expansion of broadcasting rights are explained.The second part focuses on the broadcasting organization’s information network transmission right.The existing international conventions are limited by a small number of States parties,limited scope of influence and lagging content.Some developed countries and regions have tried to grant broadcasting organizations the right to disseminate information through networks.Under this international background,the establishment of broadcasting organization information network transmission right can not only conform to the trend of international legislation,but also meet the practical needs of broadcasting organization.As for the controversy caused by granting broadcasting organization the right of information network transmission,this paper finally believes that the object of broadcasting organization should be the program broadcast by broadcasting organization.Giving broadcasting organizations the right to network information does not erode the public domain.The third part discusses the exercise of broadcasting organization right.This paper first discusses the relevant norms of the exercise of the right of broadcasting organization,then demonstrates the relationship between the right of broadcasting organization and copyright or other adjacent rights,and draws the conclusion that the right of broadcasting organization and copyright and other adjacent rights are equal and parallel.Then try to understand the relevant provisions of Article 47 paragraph 2 of the Copyright Law.