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现行《著作权法》在对网络实时转播、有线广播等的性质认定上存在立法真空,而又对网络广播电视享有的权利认定上存在立法重叠。首先,将“交互式”和“非交互式”传播行为完全割裂,增加司法认定成本,两者无本质区别,应融合为“向公众传播权”。其次,表演权和播放权存在权利重叠,应当整合。再者如今广播电台、电视的业务范围扩展到互联网,应增加其“向公众传播权”。最后,如今网络内容及其服务提供者与广播电台、电视并无二致,可纳入广播组织权一同保护。
The current “Copyright Law” has a legislative vacuum on the identification of the nature of network real-time broadcasting and cable broadcasting, and there are legislative overlaps on the rights of online radio and television. First of all, there is no essential difference between the “interactive” and the “non-interactive” dissemination behavior and the increase in the cost of judicial determination, which should be merged into “spreading rights to the public.” Second, the right to play and the right to play overlap, should be integrated. Furthermore, the business scope of radio and television is now extended to the Internet and its “right to public communication” should be increased. Finally, today’s web content and its service providers are as diverse as radio and television and can be included in the rights of broadcasting organizations.