著作权法中网播组织的保护

Protection of Webcasting Organizations in the Copyright Law

流媒体时代,网播组织因其高效率和高收益逐步将传统媒体取而代之。依照现行法律的规制,网播组织难以取得与广播组织同等的地位。现行法律的规制局限较多,网播组织的高投入并无强有力的保障。由此,引入邻接权的保护。该邻接权应保护的网播组织,系实施网播行为(非交互式传播),并对节目进行编排、付出一定投入的主体。其享有邻接权的基础在于实现技术中立的情况下,能够实现促进传播的社会效益以及正外部性的内部化。对网播组织新增邻接权保护后,可依照独创性的高低作体系性整合。单纯转播和交互式传播的节目不受《著作权法》保护,体现网播组织投资投入与编排安排的节目受邻接权保护,达到作品独创性的节目受狭义著作权的保护。

In the era of streaming media, webcasting organizations gradually take the place of old media because of their high efficiency and high income. According to current legal regulations, it is difficult for webcasting organizations to obtain the same status as broadcasting organizations. The current legal regulations have many limitations, and there is no strong guarantee for the high investment of webcasting organizations. Therefore, the protection of neighboring rights is introduced. The webcasting organizations that should be protected by the neighboring rights are the legal subjects that implement webcast behavior (noninteractive communication), arrange programs and make certain invest-ment. The basis of why webcasting organizations should have neighboring rights, in the case of technology neutrality, is to realize the social benefits of promoting communication and the internalization of positive externality. After adding protection of neighboring rights to webcasting organizations, systematic integration can be made according to the level of originality. Programs that are simply rebroadcast or interactively communicate are not protected by Copyright Law. Programs that reflect the investment and arrangement of webcasting organizations are protected by the neighboring rights. Programs that achieve the originality of works are protected by copyright.