Xi Jinping's thinking requirements for the rule of law，Sticking to me as the main、On the basis of my use，Actively learn from、Reasonable absorption of human rule of law civilization。The term "copyright" is an imported product borrowed by my country。my country's "Copyright Law" legislation has always focused on the reference and coordination of the international treaty。Drawing on the International Treaty is undoubtedly a very positive significance for improving my country's legislation，But when you fully refer to and draw on the international treaty，It is also necessary to be based on the basic national conditions of our country，Fully consider the development status and interest balance of our own copyright industry。Handle the relationship between domestic legislation and international treaties，We must adhere to the connection with international rules，Can't be willing to be behind，To be based on the actual thinking of our country, it can be transcended and leading，Actively participate in the formulation of international rules。This article is one aspect，Try to evolve through the right to organize the organization of the broadcast organization of my country，Elapse the positive significance of my country's absorption and drawing on international legislative achievements; on the other hand,，I also hope to take Article 47 of the New "Copyright Law" as an example，Explain that the necessity of me in the process of related legislation in my country。

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1961 by the United Nations International Labor Organization、Textile Organization and World Intellectual Property Organization (WIPO) jointly launched，signed "Protector in Rome、Convention on the Organization of Recording Products and Radio (hereinafter referred to as the Roman Convention)。The Convention created the international protection of the right to radio organization，Proposed legitimate reasons for protecting radio organizations: on the one hand, it is to protect the investment in radio organizations huge time、Energy、Programs produced by skills and funds，Make it from being broadcast by others、Recording or screening in public places "; on the other hand," this protection is also in line with the interests of the performers participating in the production of these programs "，"Also consistent with the interests of the record industry"。At the same time, the convention guide also pointed out，"The author provides their works to the public's beneficiary of these (related rights) rights"。The Convention does not count the controversy of "industrial behavior" and "spiritual creation"，Always follow the criteria for stopping the results of other people's labor。bet365 Play online games It can be said，The Roman Convention provides the basic guidelines that can be followed for the protection of broadcast organization rights in concepts and systems。

Article 13 of the Roman Convention stipulates the most basic rights of the broadcast organization，Including broadcast rights、Recording right、Copy rights and the right to publicly disseminate TV programs in public places that collect admission fees。The Roman Convention better reflects the demands of the protection of radio organization rights in the technical conditions and social environment at that time。But at the time of the technical conditions and legislative level at the time，The Roman Convention also has a lot of flaws for the protection of radio organization rights。For example，The Roman Convention defines the wisdom of the broadcast organization as "broadcast program"，and a single radio and television program may also become a copyright -owned business (such as a TV series or cartoons) or related rights (such as video products)，This will cause confusion in legal concepts。Another example，The definition of the Roman Convention for broadcasting is limited to "transmit sounds or sounds and images through wireless means for the public"，Failure to foresee the development of later radio and television communication technology。Especially with the rapid development of digital and network technology，The provisions of the Roman Convention cannot meet the needs of the right to protect the rights of broadcast organizations in the network environment。

Although my country has not joined the Roman Convention，But in the 1990 "Copyright Law" in my country, the relevant provisions of the Radio Organization Organization's Organization Organizations are independent of the relevant regulations of copyright protection，It is undoubtedly affected by the Roman Convention。So，This law also defines the hebal organizer as "broadcast、TV show "is not surprising。but 1990 "Copyright Law"，The scope of the right to "play" in the radio organization exceeds the limit of "wireless" in the Roman Convention，Extended to "Cable TV System"，This was a positive significance at the time，Late the legislative foundation for the protection of the "wired" field in my country，The legislative principle of "technical neutrality" reflects the legislative principle。In "Copy and Distribution of others"，Not only can the recording and replication in the Roman Convention not only cover the Roman Convention， "Issuing Rights" regulations are beyond the scope of rights stipulated in the Roman Convention，It is well reflected in the legislative idea that fully borrows it on the basis of me。other，The protection period of broadcast organizations stipulated in the law is 50 years，It is also higher than the 20 years stipulated in the Roman Convention。1990 Broadcast Organization rights stipulated in the Copyright Law，Basically adapting to the actual needs at that time。

　　"TRIPS Agreement" and "Copyright Law" Modified in 2001

"Intellectual Property Agreement related to trade" Bet365 lotto review passed in 1994 (hereinafter referred to as the "TRIPS Agreement")，The rights of broadcasting organization rights specified in Article 14 (3) of its paragraph (3)，Basically follow the rules of the Roman Convention，Basically follow the rules of the Roman Convention，Provides protection that exceeds the category of "broadcasting in wireless ways"，and the content of the new rights，It even provides an alternative option for not granting the rights of radio organization。So，The provisions of the "TRIPS Agreement" are just a compromise between the Roman Convention that provides a protective country that protects the radio organization and those countries that have not been protected.。The United States, which led the TRIPS Agreement at the time, did not advocate that it was protected by the radio organization in the agreement。

As a compromised "TRIPS Agreement", it is only stipulated in the minimum protection obligation between the country，It should not become the legislative basis or right standard of the right to organize the organization in the "Copyright Law" in my country。But，When the "Copyright Law" was revised in 2001 in my country，The relevant provisions of the Radio Organization rights are based on the "TRIPS Agreement" as a blueprint，In its 44th, stipulates: "Broadcasting Station、TV stations have the right to prohibit the following behavior without permission: (1) Broadcasting to play it、TV broadcast; (2) the broadcast of the broadcast it played、TV recorded on the audiovisual carrier and copying audiovisual carrier。"The positive significance of this regulation is to timely modify the error expression of the broadcast organization of the power of the power of the broadcast organization，Revised it as "broadcast、TV "; and the" broadcast right "of the broadcast organization still includes the" wired "method。But on the right to the right to organize the organization，my country's "Copyright Law" follows the minimum protection standard of the "TRIPS Agreement" "forbidden rights"，Can't be like most mainland law countries，Give the radio organization "permission right"。

More importantly，2001 The Internet has begun to popularize，The impact and challenges brought by the network environment have become an important factor for international treaties and legislative considerations in the world，The Copyright Treaty of the World Intellectual Property Organization (WCT) and the World Intellectual Property Organization Performance and Recording Products Treaty (WPPT) passed in 1996 have been committed Legal interests。But my country's 2001 "Copyright Law" failed to respond to the right to protect the rights of radio organizations brought by the development of the Internet。Comparison for comparison，Some European scholars have paid attention to this problem very early，It is recommended to grant the right to spread the information network of the broadcast organization。In legislation，Article 3, paragraph 2 of the EU Information Society Copyright in 2001 stipulates the right to spread the information network of the broadcast organization。European countries also bet365 best casino games formulated a domestic law in the late 1990s to the beginning of the 21st century，Protect the synchronous broadcast broadcast and information network dissemination of radio and television，It is not subject to the progress of the international treaty。

　　"Protection of the Treaty of the Broadcasting Organization" and the new "Copyright Law" in 2020

"Trips Agreement" shortly after passing，WIPO starts to consider the relevant issues of improvement of the right to broadcast organization，"About Broadcast in Manila, Philippines in April 1997、New Communication Technology and Intellectual Property "was discussed at the world conference，The first session of the copyright and related rights (SCCR) of the WIPO in December 1998，The legislative process of the "Protection of the Treaty of the Broadcasting Organization"。

2006，SCCR's 15th session proposed and formed a case of the "Protection of the Treaty of the Broadcasting Organization"。This is the first more comprehensive draft of the "Protection of the Treaty of the Broadcasting Organization"，specifies that the broadcast right (including the line -containing method and broadcast through the computer network broadcast)、Communication right to the public (similar to the Roman Convention regulations)、Recording right、Copy right、Issuing right、The right to broadcast after recording、The right to provide recorded radio and television programs (the public can obtain the time and place of its selection)，Reflects the expectations and demands of strengthening the right to protect the protection of broadcast organizations in the network environment。2014，SCCR meeting on the protection goal of the "Protection of the Treaty of the Broadcasting"、Protective object、The scope of rights and other text requirements and the legal definition of related core concepts have formed a more comprehensive new text- "SCCR/27/2 Rev.)，In the 29th meeting at the end of the year，The chairman plans to complete the merger case，And the motion of the diplomatic conference for the first time。

But，Since the US delegation has always advocated the protection of the right to broadcast organizations，Individual national delegations led by the United States can protect whether the object can be included in the "delay"、How to protect the "information network dissemination right" of the "information network dissemination" in the right to protect the "information network dissemination right" of the EU and most national delegations conflict，As a result, the efforts to hold a diplomatic conference were forced to delay repeatedly。Since 2020，Due to the prevention and control of the epidemic， SCCR just organized two online meetings for the issue of the Treaty of the Organization for Broadcasting Organization，No substantial progress。

International Treaty is the minimum protection standard between the country，Due to the social background of various countries、Legislative ideas and industrial development stage、Protection appeal, etc.，often causes great differences，Treaty text will be forced to compromise bet365 Play online games because of this，The above "TRIPS Agreement" is a typical example evidence。Domestic Legislative Regulations are not，I can take me as the main，Consider the development and protection demands of my country's industrial development and protection，instead of obeying or subject to the minimum protection standards and compromise clauses in the international treaty。In the entire process of the third revision of the Copyright Law，Many scholars、Experts are based on the controversy in the "Protection of the Treaty of the Broadcasting Organization" and the Treaty has not yet reached signing.，It is advocated that the legal protection of the broadcast organization network and information network dissemination should not be given.，This is undoubtedly upside down，The reality with our country and the enhancement and improvement of the legislative demands of the protection of radio organization in the network environment are not conforming to。As described in the Introduction and Interpretation of the "People's Republic of China Copyright Law"，Before the promulgation of the new "Copyright Law" in 2020，It is difficult for the broadcast organization、APP's piracy to the program signal of radio organization。Radio、TV station is therefore suffered great damage，It also affects the competitive situation of traditional radio and television and Internet media to a fairly extent。Therefore，Finally the new "Copyright Law" responds to actual needs，Amended the relevant provisions of the right to broadcast organization，The first is to extend the broadcast to including network broadcast，The second is to delete the "audiovisual carrier" expression of the recording and copy，Third, adding the right of information network communication。The above modification and improvement of the protection of broadcast organization rights in the network environment，Make the broadcast organization enjoy the statutory rights that can control the broadcast of the broadcast in the network environment、TV behavior，It has a significant positive significance。

Another，In response to the opposition voices in this legislative process，The New "Copyright Law" finally changed the permit expression in the previous draft to the "prohibition right" expression consistent with the TRIPS Agreement，This is very different from most countries in the world that is also in the world of mainland China.。It is worth noting that it is，The terms of the latest text of the "Protection of the Treaty of the Broadcasting Organization" on the "right to the right" all abandoned the description of the "prohibition right" in the previous treaty，The right to award the radio organization "The Exclusive Right of Authorization" is described in all the proposals of the latest merging text。This also means，If the treaty is passed according to the current text and my country's decision is decided to join the treaty，"Copyright Law" needs to be revised by this。

　　Unified understanding and application of the right to broadcast organization

Although the new "Copyright Law" has been officially effective，But until today，The debate on the rights of radio organization rights has not stopped。This article hopes that bet365 Play online games the following points can be through the legislature、Judicial Organ、Common efforts of the legal academic and industry circles，Further unified understanding，Promote the correct understanding and application of judicial practice of the right to broadcast organization。

First，Affirmation of the Roman Treaty since the Roman Convention and the legitimacy of the legislation of various countries on the protection of radio organization rights，and fully understand the serious lag and lack of protection of the current international treaty in the network environment in the network environment，Further explain and clarify the importance and necessity of the "Copyright Law" on strengthening and improving the protection of radio organization rights。

Second，Further explanation and clarify the legal category and essence of the concept of the right to organize the power of the broadcast organization。Previous，Different academic views such as "program theory" and "signal theory" and their controversy，What is "broadcast in the legislative process、TV、How to understand the "signal with a program" in the text of the "Protection of the Treaty of the Broadcasting Organization" produced a huge controversy。Although Article 47 of the New "Copyright Law" still follows the "broadcast、TV description，But explain the angle from the law，Radio Organization's right to protect whether the object is "program", "signal" or "signal with programs" still failed to get timely correction and effective clarification。This article thinks，Broadcasting Organization rights protection object is neither a single program，It is not referring to the "electronic signal" in the physical sense，Instead of signal (as a "vehicle") and the show it contained (meaning "Broadcasting Organization selection、6419_6461，"Signal with a program"。This is also completely consistent with the concept in the merger of the Treaty of the Organization for Broadcasting。and，Signal protection with a program will not conflict with the works，Because the works choose to arrange in the radio organization、Upload to the signal and broadcast it，Just work，Can't become a program，After the program is generated，The work still exists independently。

third，Correct understanding and applicable to Article 47 of the New "Copyright Law"。As mentioned earlier，"Forbidden right" is just a compromise product of the international treaty，Most of the copyright laws of various countries give radio organizations "permission"，Before no exception。The operation of the broadcast organization in practice requires huge copyright and technical investment，Of course, you need to pass the "broadcast、TV "permission obtains legitimate economic income，To maintain operation effectively。In other words，Although Article 47 of the New "Copyright Law" adopts the "prohibition right" expression，But with the premise of satisfying Article 47, paragraph 2，Broadcasting organization has the right to exercise the authorization of "permission" to third parties bet365 best casino games and obtain economic income。This is also consistent with the industry practices and industrial practice of countries including China, including my country。

Fourth，Infringement stipulated in Article 47, paragraph 1, paragraph 1 in the network environment，Broadcasting Organization is authorized by some programs that have not been authorized by the "information network dissemination right" of the right holder，Is there any right to infringe on its "broadcast、TV "infringement to defend rights? This article thinks，Radio organization rights are independent legal rights，It should not be based on whether some programs have obtained rights。Imagine，If a movie is violated "the right to spread the information network"，Will the right to defend their rights because of the right of rights in scripts or a certain music work? This is obviously not，Otherwise, it will be failed to be fair。

　(The author is the director of the Copyright Operation Center of the General Manager Office of the General Manager of the Central Radio and Television; a lawyer at the Beijing Guangsheng Law Firm;