On the Reconstruction of Right of Broadcasting and Right of Communication of Information on Networks of China's Copyright Law From the Perspective of Non-Interactive Communication Through Network
Tang Chen-min · Journal of Henan Polytechnic University · 2012
In the system of property rights in China's copyright law,right of broadcasting and right of communication of information on networks are both behaviors of spreading works by tele-communication technology and without changing its ownership.A combination of both should cover the interactive and non-interactiveremote communication behavior by all the technical means.However,in our current copyright law,there is a flaw between the two.This flaw inducesnon-interactivecommunication through network to fall out of the present law.Judicial authorities apply bottommost clauses to regulation,but the practice itself has serious drawbacks,and can not solve the problem fundamentally.It is necessary to reconstruct the above-mentioned two property rights.Among all the possible options,expansion of the definition of broadcasting right is the best.