Requirements of Xi Jinping’s Thought on the Rule of Law，Insisting on putting me first、On the basis of my use，Actively learn from it、Reasonably absorb the beneficial achievements of human civilization under the rule of law。The word "copyright" is an import borrowed from our country。my country's "Copyright Law" legislation has always focused on the reference and coordination of international treaties。Learning from international treaties is undoubtedly of very positive significance for improving our country’s legislation，But while fully referring to and drawing on international treaties，We must also base our country’s basic national conditions on the domestic legislation process，Fully consider the development status and balance of interests of my country’s own copyright industry。Properly handle the relationship between domestic legislation and international treaties，We must adhere to the connection with international rules，Can’t be content with others，We need to think based on the actual situation of our country in which fields we can achieve transcendence and leadership，Actively participate in the formulation of international rules。One aspect of this article，Attempting to pass the legislative evolution of bet365 new customer offer organization rights in our country，Explain the positive significance of our country’s absorption and reference of international legislative achievements；On the other hand，I also hope to take Article 47 of the new Copyright Law as an example，Explain the necessity of focusing on me in the relevant legislative process of our country。

　　"Rome Convention" and "bet365 new customer offer" 1990

1961 by the United Nations International Labor Organization、Co-sponsored by UNESCO and the World Intellectual Property Organization (WIPO)，Signed in Rome for the Protection of Performers、Convention on Producers of Phonograms and Broadcasting Organizations (hereinafter referred to as the "Rome Convention")。The Convention pioneered the international protection of the right to broadcast organizations，Proposed legitimate reasons for protecting broadcasting organizations: on the one hand, it invests a huge amount of time in protecting broadcasting organizations、Energy、Programs made possible by skills and funds，So that it cannot be rebroadcast by others、Record or show in a public place”；On the other hand “such protection is also in the interest of the performers involved in the production of these programmes”，"It is also consistent with the interests of the recording industry"。At the same time, the Convention Guide also states，“Authors make their works available to the public in reliance on the beneficiaries of these (related rights) rights”。The Convention does not address the debate between "industrial conduct" and "spiritual creation"，And always follow the rules that prohibit unfair appropriation of the fruits of other people's labor。It can be said，The "Rome Convention" provides basic guidelines that can be followed for the protection of the right bet365 new customer offer in terms of concept and system。

Article 13 of the Rome Convention stipulates the most basic rights bet365 new customer offer，Includes broadcast rights、Recording rights、Right of reproduction and public communication of television programs in public places where admission is charged。The Rome Convention better reflected the demands for the protection of the right to broadcast organizations under the technical conditions and social environment at the time。But limited by the technical conditions and legislative level at the time，The protection of the rights bet365 new customer offer in the Rome Convention also has considerable flaws。For example，The "Rome Convention" defines the object of the right to broadcast organizations as "broadcasting programs"，A single radio and television program may also become an object of copyright (such as a TV series or cartoon) or an object of related rights (such as a video product)，This can cause confusion in legal concepts。Zairu，The definition of broadcasting in the Rome Convention is limited to “the transmission of sounds or sounds and images by wireless means for public reception”，Failed to foresee the subsequent development of radio and television communication technology。Especially with the rapid development of digital and network technology，The provisions of the Rome Convention cannot meet the needs of protecting the rights bet365 new customer offer in the Internet environment。

Although our country has not joined the "Rome Convention"，However, my country’s 1990 Copyright Law stipulates that broadcasting organization rights are independent of copyright protection，Undoubtedly also deeply influenced by the "Convention of Rome"。Then，This law also defines the object of broadcasting organization rights as "broadcasting、TV show” is not surprising。But in the Copyright Law of 1990，The scope bet365 new customer offer’ rights to “broadcast” exceeds the limitations of “wireless” in the Rome Convention，Extended to "Cable TV System"，This was of great positive significance at the time，Laid a legislative foundation for the protection of broadcasting organization rights in my country’s “cable” field，Reflects the legislative principle of “technology neutrality”。In "Permission for others to copy and distribute"，Not only covering recordings and reproductions under the Rome Convention through the “right of reproduction”， The "right of distribution" provision goes beyond the scope of rights stipulated in the Rome Convention，It well embodies the legislative ideas that are fully based on me as the main subject。In addition，The protection period for broadcasting organization rights stipulated in this law is 50 years，Also higher than the 20 years stipulated in the Rome Convention。Broadcasting organization rights stipulated in the 1990 Copyright Law，Basically adapted to the actual needs at that time。

　　"TRIPS Agreement" and "bet365 new customer offer" revised in 2001

　The Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the "TRIPS Agreement") adopted in 1994，Rights bet365 new customer offer under Article 14(3) thereof，Basically follows the provisions of the Rome Convention，Not only was it not based on the new technical conditions at the time，Provides protection beyond "over the air"，and new rights content，There is even an alternative option of not granting rights to broadcasting organizations。Therefore，The provisions of the TRIPS Agreement are nothing more than a compromise between countries that have provided protection to broadcasting organizations under the Rome Convention and those that have not yet done so。The United States, which led the negotiations on the TRIPS Agreement at the time, did not advocate the protection of neighboring rights for broadcasting organizations in the agreement。

As a compromise, the TRIPS Agreement only stipulates the minimum protection obligations between countries，It should not become the legislative basis or rights standard for broadcasting organization rights in my country’s Copyright Law。However，When my country revised the Copyright Law in 2001，The relevant provisions on the right bet365 new customer offer are based on the TRIPS Agreement，In its Article 44 it states: "Broadcasting Station、The TV station has the right to prohibit the following acts without its permission: (1) Broadcasting it、TV broadcast；(2) Broadcasting it、Television recording on audio and video carriers and duplication of audio and video carriers。”The positive significance of this provision is that it promptly corrects the erroneous statement of the object of broadcasting organization rights，Revise it to "Broadcast、TV”；And the "broadcasting rights" bet365 new customer offer still include "cable" methods。But in terms of the expression of rights bet365 new customer offer，my country’s Copyright Law follows the minimum protection standards of the “right to prohibit” in the TRIPS Agreement，Not like most civil law countries，Grant “licensing rights” to broadcasting organizations。

What’s more important is，The Internet began to become popular in 2001，The impact and challenges brought by the network environment have become important factors in international treaties and legislative considerations around the world，The WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) adopted in 1996 have been committed to more fully protecting copyright and related rights holders in the Internet field. legitimate interests。However, my country’s 2001 Copyright Law failed to respond in a timely manner to the need to protect the rights bet365 new customer offer brought about by the development of the Internet。Comparatively speaking，Some European scholars have paid attention to this issue very early，Recommend granting broadcasting organizations information network dissemination rights。In legislation，Article 3, paragraph 2, of the EU Information Society Copyright Directive promulgated in 2001 stipulates the information network dissemination rights bet365 new customer offer。European countries also enacted domestic laws from the late 1990s to the early 21st century，Provide protection for the simultaneous rebroadcast of radio and television and the dissemination of information on the Internet，Not subject to the progress of international treaties。

　　Treaty for the Protection bet365 new customer offer and the New Copyright Law of 2020

Soon after the adoption of the TRIPS Agreement，WIPO has begun to consider issues related to improving the right to organize broadcasting，"About Broadcasting" held in Manila, Philippines in April 1997、Discussed at the World Conference on New Communication Technologies and Intellectual Property，In December 1998, WIPO held the first session of the Standing Committee on Copyright and Related Rights (SCCR)，Officially launches the legislative process of the Treaty for the Protection bet365 new customer offer。

　2006，The 15th session of the SCCR prepared and formed the text of the Treaty for the Protection bet365 new customer offer。This is the first relatively comprehensive draft text of the Treaty for the Protection bet365 new customer offer，Provisions include broadcast rights (including broadcast by any means including wire and computer network broadcast)、Right of communication to the public (similar to the provisions of the Rome Convention)、Recording rights、Copying rights、Distribution rights、The right to broadcast after recording、Extremely broad rights including the right to make recorded broadcasts and television programs available to the public at a time and place of their choosing，Reflecting the expectations and demands of various countries for strengthening the protection of the rights bet365 new customer offer in the Internet environment。2014，SCCR meeting on the protection objectives of the Treaty for the Protection bet365 new customer offer、Protected object、Textual requirements such as the scope of rights and legal definitions of related core concepts have formed a more comprehensive new text - "Working Document on the Treaty for the Protection bet365 new customer offer" (SCCR/27/2 Rev.），And at the 29th meeting at the end of the year，Complete the consolidated text prepared by the Chairman，And proposed a motion to convene a diplomatic conference for the first time。

However，Since the U.S. delegation has always advocated restrictions on the protection of the rights bet365 new customer offer，Delegations from certain countries, headed by the United States, discuss whether the protected objects in the treaty can be included in "delayed broadcasting"、Issues such as how to protect the "information network dissemination rights" bet365 new customer offer in the authorized rights conflict with the opinions of the EU and most national delegations，As a result, efforts to convene a diplomatic conference have been repeatedly delayed。Since 2020，Due to epidemic prevention and control reasons， SCCR has only organized two online meetings on the topic of the Treaty for the Protection bet365 new customer offer，No substantial progress yet。

International treaties are the minimum protection standards between countries，Due to the social background of each country、Legislative ideas and industrial development stages、Different protection demands, etc.，Often produce great differences，The treaty text will be forced to compromise as a result，The above-mentioned "TRIPS Agreement" is a typical example。Domestic legislation is not the case，You can completely let me take the lead，More fully consider my country’s industrial development and protection demands，Rather than blindly comply with or be subject to the minimum protection standards and compromise clauses in international treaties。During the entire process of the third revision of the Copyright Law，Many scholars、Experts are based on the disputes arising in the Treaty for the Protection bet365 new customer offer and the fact that the treaty has not yet been signed，Advocates that broadcasting organizations should not be given legal protection for network simultaneous rebroadcasting and information network dissemination，This is undoubtedly putting the cart before the horse，It is inconsistent with the reality of our country and the legislative demands to strengthen and improve the protection of broadcasting organization rights in the network environment。As stated in "Introduction and Interpretation of the Copyright Law of the People's Republic of China"，Before the promulgation of the new Copyright Law in 2020，It is difficult for broadcasting organizations to ban Internet platforms through the assertion of broadcasting organization rights、App piracy bet365 new customer offer’ program signals。Radio station、The TV station suffered great damage as a result，It also affects the competition between traditional radio and television and Internet media to a considerable extent。For this reason，Finally, the new Copyright Law responds to practical needs，Regulations on broadcasting organization rights have been modified，First, expand the rebroadcasting to include online rebroadcasting，The second is to delete the expression "audio and video carrier" for recording and copying，The third is to increase the right of information network dissemination。The above modifications improve the protection of broadcasting organization rights in the network environment，Enables broadcasting organizations to have legal rights to control the broadcasts they broadcast in a network environment、The behavior of television，has great positive significance。

Also，In response to the objections in this legislative process，The new "Copyright Law" finally changes the expression of licensing rights in the previous draft back to the expression of "right of prohibition" consistent with the "TRIPS Agreement"，This is very different from the expression of "permission rights" in domestic legislation in most countries in the world that are also civil law systems。What deserves attention，The provisions on "granted rights" in the latest text of the Treaty for the Protection bet365 new customer offer have abandoned the description of the "right to prohibit" in the previous treaty，The description of the rights to grant “the exclusive right of authorizing” to broadcasting organizations is unobjectionable in all proposals for the latest consolidated text。This also means，If the treaty is adopted according to the current text and our country decides to join the treaty，The Copyright Law still needs to be revised as necessary。

　　Unify the understanding and application of bet365 new customer offer organization rights

Although the new Copyright Law has officially come into effect，But until today，The debate on the legislation on the right bet365 new customer offer is still ongoing。This article hopes to pass the legislative body on the following points、Judiciary、The joint efforts of legal academia and industry，Further unified understanding，Promote the correct understanding and application of broadcasting organization rights in judicial practice。

First，Affirm the legitimacy of the protection of the right to broadcasting organizations in international treaties and national legislation since the Rome Convention，And fully understand the serious lag and insufficient protection of the current international treaties on the protection of the rights bet365 new customer offer in the network environment，Further elaborate and clarify the importance and necessity of strengthening and improving the protection of broadcasting organization rights in the new Copyright Law。

Second，Further explain and clarify the legal scope and nature of the object concept of broadcasting organization rights。Previously，Due to the influence of different academic views and controversies such as "program theory" and "signal theory"，In the legislative process about what is "broadcasting、TV”、There has been a huge controversy over how to understand “programme-carrying signals” in the text of the Treaty for the Protection bet365 new customer offer。Although Article 47 of the new Copyright Law still follows the "broadcasting、Text description of "TV"，But from the perspective of legal interpretation，Whether the object of protection of the rights bet365 new customer offer is "programs", "signals" or "signals carrying programs" has not been corrected and effectively clarified in a timely manner。This article thinks，The object of protection of broadcasting organization rights does not refer to a single program，It does not refer to "electronic signals" in the physical sense，Rather it is the signal (as the “vehicle”) and the program it carries (meaning the “selection of the broadcasting organization”)、Uniformity of all or “excised parts” of images and/or sounds or representations thereof composed of live broadcast or recorded material，i.e. "program-carrying signal"。This is also fully consistent with the concept in the consolidated text of the Treaty for the Protection bet365 new customer offer。and，The protection of the signal carrying the program will not conflict with the works contained therein，Because the work is selected for programming by the broadcasting organization、Before uploading to signal and broadcasting，Just a work，It cannot become a program，After the program is produced，The work still exists independently。

Third，Correctly understand and apply the “right to prohibit” in Article 47 of the new Copyright Law。As mentioned before，The "right to prohibit" is just a compromise product of international treaties，Copyright laws in most countries grant broadcasting organizations “licensing rights”，With few exceptions。In practice, the operation bet365 new customer offer requires huge investment in copyright and technology，Of course it is also necessary to pass the "broadcast、Television” license to obtain legitimate economic income，To effectively maintain operation。In other words，Although Article 47 of the new Copyright Law adopts the expression "right to prohibit"，However, it is prerequisite that Article 47 Paragraph 2 is met，Broadcasting organizations have the right to exercise the authorization of "licensing rights" to third parties and obtain due economic benefits。This is also consistent with industry practices and industrial practices in countries around the world, including our country。

　Fourth，In response to infringements stipulated in Article 47, Paragraph 1, Item 3 in the Internet environment，When bet365 new customer offer fail to obtain the authorization of the rights holder’s “information network dissemination rights” for some programs，Do you have the right to infringe on its "broadcasting、Protect rights against TV” infringements？This article thinks，The right to broadcast organizations is an independent legal right，It should not be premised on whether some programs obtain rights。Just imagine，If a movie is infringed upon the "right of information network dissemination"，Whether you will lose your rights to protect rights due to rights defects in a script or a certain musical work？Obviously not，Otherwise it would be unfair。

　(The author is the director bet365 new customer offer Copyright Operation Center bet365 new customer offer General Manager Office of China Central Radio and Television Station；Lawyer at Beijing Guangsheng Law Firm；Legal Affairs Specialist, Copyright Operations Center, General Manager Office, China Central Radio and Television Station