Dec 11, 2007

Neighboring Right Owners' Rights to Communicate to the Public through Information Networks in China Copyright Law

Neighboring Right Owners' Rights to Communicate to the Public through Information Networks in China Copyright Law

DONG Hao

LLB, LLM, PhD Cand., Teaching Fellow in YNU, Member of China Bar

Fulltext is published in Journal of Yunnan University - Law Edition, Vol. 20 No. 5 (2007).

Abstract:

The Copyright Law of People's Republic of China ("The Law" hereinafter) authorizes neighboring right owners (performers, sounds recorders and video recorders) some "Rights of Communication to the public through Information Networks". This article notes the following arguments:

(1) According to The Law, these rights are different to copyright owner's "Right of Communication of Information on Networks".

(2) A performer is incapable to enjoy the right of communicate his own performance to the public on information network, but can merely authorize others to communicate his performance to the public on information network.

(3) The sounds recorders and video recorders should have the "right of communication to the public on information network by themselves", but The Law neglected it wrongfully.

(4) The distinction between "distribution" and "communication to the public on information network" should be clarified by the way of understanding the differences among "works", "medium of works", "tangible medium" and "intangible medium".

(5) It is reasonable to restrict the Radio and Television Stations from enjoying the right to communicate to the public on information networks.

Keywords: information network, neighboring right, performance, recording, medium of works


Reason of not using "Phonograms" in this abstract: I don't think it is equal to "recording" described in Chinese Law.

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