Changzheng Wang

Changzheng Wang

05 December 2023

The right of broadcasting, The right to public communication, The right for communication to the public, Revision of the Copyright Law.

"The right of broadcasting" is a historical product of the development of communication technology, specifically referring to wireless communication in international conventions, with a strong color of technicism. The practice of covering all non-interactive communication with "the right of broadcasting" in the third revision of the Copyright Law may create obstacles to understanding in institutional communication. In addition, the legislative design of placing live broadcasting behaviors in the right of broadcasting stems from a misunderstanding of international conventions, and this approach of distinguishing the source of works and qualitatively characterizing the behavior of live broadcasting works violates the principle of neutrality in communication technology, which, in the context of tri-networks integration, increases the difficulty of determining the type of rights and hinders the systematization of the right of communication. At last, the expression of different communication modes in the right of broadcasting by legislation deviates from international conventions. The future revision of the Copyright Law should abandon the use of "the right of broadcasting" and modify it to a more neutral "the right of playing". Referring to the specific meanings of "public communication" and "communication to the public" in international conventions, "the right of playing" should be simplified as a type of right to control non-interactive remote transmission, and the broadcasting behavior, screening rights, and performance rights in the right of broadcasting should be integrated into one "on-site communication right".

© 2023, the Authors. Published by ISCCAC

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