Broadcast Organization Right For Webcasting Organizations

With the rapid popularization of mobile terminal devices such as 5G networks,smartphones and network television,our human beings have stepped into the era of webcasting.Because the non-interactive communication characteristics of traditional broadcasting have been deeply rooted,interactive webcasting brought about by technological innovations has not been legally recognized.The webcasting organizations play an important role in the spread of programs,and their communication value and investment interests deserve to be affirmed by the law.By analyzing the current protection situation and institutional limitations of the webcasting organizations by the courts in China’s judicial practice,and examining the legislative experience of the international community and the United States and Europe in protecting the interests of webcasting,it aims to provide a theoretical and practical basis for the design of relevant systems for the protection of webcasting organizations through neighboring rights at the legislative level in China.China’s judicial practice generally recognizes the interests of webcasting,but in view of the dilemma that there is no law to follow,courts can usually only protect the webcasting organizations by expanding the scope of the concept of works or bypassing the unfair competition law.There is a legislative precedent for the protection of webcasting organizations in Europe and the United States,which directly recognize the rights of webcasting organizations in relation to their spread behaviors.While,Standing Committee on Copyright and Related Rights(SCCR)have been forced to set aside the protection of webcasting organizations in order to reconcile the different positions of countries,but has also pointed out that,it would be discussed in a separate procedure at a later date when conditions were proper.So,it can be seen that the interests of webcasting objectively exist,and the most compatible with webcasting organizations in the current legal system is the broadcasting organization right system.After the third revision of China’s Copyright Law,the rights of broadcasting organizations in China have been fully expanded to the network field,which provides a right basis for webcasting organizations,but there are still legal obstacles to the inclusion of online broadcasting organizations.The concept of broadcast organizations in China is too narrow to make adjustments regarding the new things brought by technological innovation.And the objects of rights are also ambiguous and frequently ambiguous.The mainstream "signal theory" and the emerging "program group theory" in the academic circles do not conform to the original legislative intent of neighboring rights,nor can they respond to the realistic needs of network broadcasting organizations.There is a lack of content in the right,and the unauthorized non-synchronous,noninteractive deferred replay is not regulated by law.The spread behavior of the webcasting organization is worthy of legal protection,and the law should recognize the independent value of the webcasting behavior and directly apply the neighboring right to protect the investment interests of the webcasting organization,so as to encourage the webcasting organization to continue to spread excellent works,and at the same time,the traffic attracted by the high-quality content can feed the creative enthusiasm of the upstream film and television cultural industry,which can truly achieve a win-win situation of mutual benefit and positive interaction between creators and communicators,and promote the overall quality improvement of China’s network broadcasting industry.The above objectives can be achieved based on the following measures: In terms of the subject of rights,the more superior concept of "broadcasting organization" is adopted,and the webcasting organization is included;In terms of the object,it is necessary to clarify that broadcasting organizations enjoy the right to broadcast their programs;In terms of the content of rights,taking all pirated broadcasting as basis,expanding the recording right shall be conduction to regulate carrier free recording,which can have the effect of revealing the rights and leave room for the regulation of new means of pirated broadcasting in the future.