Research On The Right Of Broadcasting Organization Under The Background Of Media Convergence

The development of media convergence has broken the pattern of broadcasting in the era of traditional technology,spawned new network broadcasting and its relative organizations,and brought about new legal problems.The right of broadcasting organization under the background of media convergence refers to the copyright-related rights enjoyed by traditional and network broadcasting organizations with the help of the deep integration of traditional and network broadcasting technology.Under the background of media convergence,the research on the right of broadcasting organization is a study on the improvement and structure of its legal relationship.The subject,object and content of the existing right are facing new challenges: The new copyright law extends the rights of traditional broadcasting organization to the network field,but it doesn’t expand its subject.The " radio and television stations " in the existing law cannot cover the network broadcasting organization.The regulation of "broadcast radio and television" makes the object confused and vague,and can’t improve the right of broadcasting organization;The existing interest structure and relief path are still insufficient,it is difficult to fully regulate the new tort.The legal relationship of broadcasting organization right under the background of media convergence should be deconstructed and improved: It is clear that the subject of broadcasting organization right must have three requirements of "legal person,broadcasting and combination arrangement",and change "radio and television stations" into "broadcasting organization",and further clarify the connotation and denotation of "broadcasting organization",so that it can cover network broadcasting organization;The broadcast signal is not the object of the broadcasting organization right,and the broadcast program has the immaterial characteristics of intellectual property object,and can completely protect the interests of the broadcast organization.The right of broadcasting organization should regard the broadcast program as its object;The content of its rights shall include the right of broadcasting,the right of recording and reproduction,the right of disseminating through information network and the right of distribution.It is clear that the right of broadcasting refers to the third party outside the original broadcasting organization which broadcasts in any forms,including simultaneous and near-simultaneous broadcasting.The right of recording and reproduction includes temporary forms,while the right of disseminating through information network only includes interactive communication,and the right of distribution should be increased,so as to form a complete system of right to protect the rights and interests of broadcasting organizations.