A Study on Neighboring Right──Focus on the Protection of Performers, Producers of Phonograms and Broadcasting Organizations

• Main Authors: Hsin-Tsu Kao, 高訢慈
• Other Authors: Ming-Cheng Tsai
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/60799424972760203463

碩士 === 臺灣大學 === 法律學研究所 === 95 === There are different kinds of norms between “the author’s right system” and “the copyright system” on the protection of performers, producers of phonograms and broadcasting organizations. The author’s right system has used neighboring right to protect their performances, phonograms and broadcasting while the copyright system has used copyright mainly to protect them and also cover common-law property right, personal right, unfair competition and criminal law. Looking into the articles of the R.O.C. copyright law about the protection of performances and phonograms, it seems that we adopt the copyright approach. But, examining the contents of these articles, it is still different from other types of property rights of copyrighted works. How can we appropriately explain these limitations, exclusions or special treatments? Does it mean distinct from the copyright approach, and tend towards the neighboring right approach? Furthermore, there is no protection for the contribution of broadcasting organizations. Does it necessary to draw up some norms to protect them? Taiwan has entered into the WTO on January, 1 2002. As a member, we have to follow the WTO related conventions. Article 14 of the TRIPS has regulated the protection of performers, producers of phonograms and broadcasting organizations. The paragraph 6 of article 14 has provided:” Any Member may, in relation to the rights conferred under paragraphs 1, 2 and 3, provide for conditions, limitations, exceptions and reservations to the extent permitted by the Rome Convention.” We are not the member of the Rome Convention in fact, but through the TRIPS, we still have to show our respect and do research on these international conventions as the basis of communication. At this moment, it is necessary to study the relevant approaches and theories of international society and major countries, and then seek to establish the justification theory and legal fundamental of our nation. Consequently, this research will adopt a comparative study method, beginning with a study of relevant international norms, focusing on the differences between the legal regimes of developed countries, including England, U.S.A., Germany, and Japan. The results of this study will be applied to examine the advantages and disadvantages of our present legislation, and to make amendment recommendations.