从着作权法适用的角度谈对网络实时转播行为的规制.PDF

Abstract: There is great disparity regarding the regulation of network real-time transmission by copyright law. Relevant viewpoints can be summarized as the following two aspects: First, whether the rights of broadcast organizations and audiovisual producers can regulate the network real-time transmission; Second, does the network real-time transmission fall into the scope of the broadcast right or fall into the scope of “other rights” as enjoyed by copyright owners. This paper holds that under the current copyright law framework, neither the right of audiovisual producers nor the right of broadcast organization can regulate the network real-time transmission; whereas the behavior can only be regulated by copyright. The general provisions should regulate the real-time transmission of network broadcast audiovisual programs. There are two ways to regulate the real- time transmission of audiovisual programs initially disseminated by broadcast: one is incorporating the real-time transmission into the scope of broadcast right; the other is to use the general provisions. Both measures have a certain degree of rationality, however, considering the convenience in practice and the uniformity in judicial standard, the paper recommends the second option, i.e. using the general provision to regulate the real-time transmission of aud