广电媒体网络维权的困境与路径

The Difficulties and Path for Radio and Television Media to Protect Legal Rights in Network

广电媒体所编排播放的整体节目流被网络同步转播,是对广电行业危害最大的网络侵权行为。但不论是广电媒体主张广播组织权,还是寻求反不正当竞争救济,当前都遇到了维权困境。克服这一困境的立法之道,在于通过相关国际条约的缔结和我国《著作权法》的完善,扩大广播组织权的范围;司法之道,在于将节目编排体现出独创性的整体节目流认定为汇编作品,并给予相应的著作权保护。

The overall program stream broadcasted by the radio and television media is broadcasted simuhaneously by the network, which is the most harmful network infringement to the broadcasting industry. However,whether it is that the radio and television media advocates the right of organizing broadcast or that it seeks help for anti-unfair competition, it has encountered difficulties in safeguarding rights. The legislative way to overcome this dilemma lies in expanding the scope of broadcasting organizing rights through the conclusion of relevant international treaties and the improvement of China＇s Copyright Law; the judicial way is to identify the overall program flow that reflects the originality of the program as compiled works and grant it the corresponding copyright protection.