The Protection of Neighboring Rights for Broadcasting Organizations

• Main Authors: Chieh-Chen Huang, 黃婕榛
• Other Authors: Ming-jye Huang
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/76551977130083889042

碩士 === 中原大學 === 財經法律研究所 === 95 === Along with the competition of business and the global enconomics, the rebroadcasting and the recablecasting or retransmission by any means in sports games are the most competitive place for a very long time. Recently, the most famous baseball player, Chien-Ming Wang, plays a great job in MLB as a star pitcher in New York Yankee’s. And each television company wanted to get the right to rebroadcast the professional baseball games in Taiwan brought about many issues for a while. Therefore, this situation inspired the thought to find out whether the right of rebroadcasting, cablecasting or transmission by any means really exists, and if the copyright legal system in Taiwan enough for the transmission ways changing with each passing day. Observing on the international copyright legal system, about the protection of the broadcasting or cablecasting organizations, except of the broadcasting or cablecasting organizations as the copyright holders can have the copyright to authorize or prohibit some acts, they can’t prohibit the third person to steal of their broadcast or cablecast even of their signals. This situation can’t not provide enough protection for the broadcasting or cablecasting organizations. There’s a neighboring rights system in the international copyright legal system. Broadcasting or cablecasting organizations have contributions on the distribution of copys, they derserve some kind of protections. Especially WIPO had recently present a consolidated texts for the WIPO treaty on the protection of Broadcasting Organizations, hopefully to establish the neighboring rights legal system in the international copyright legal system and find out the unity in the international copyright legal system. The WIPO treaty on the protection of Broadcasting Organizations both fix in advance the protection of broadcasting and cablecasting organizations, and keep up with the changing of the ways of transmission. Even more it completes the international copyright legal system. Because of the changing, this thesis try to analyzes the treaty about the protection of broadcasting or cablecasting organizations, especially on the neighboring right parts, and the consolidated texts for the WIPO treaty on the protection of Broadcasting Organizations , therefore to reach the most important meaning of the neighboring rights of broadcasting or cablecasting organizations. Furthermore, this thesis analyzes the neighboring rights’ chapter of the copyright law in Japan in order to make some feasible suggestions for our copyright legal system, and to serve as a basis for the policy making in the future in Taiwan.