A Study on the Right of Communication to the Public
Dr. Min-Ton Lo
Dr. Shang-Jyh Liu
|關鍵字:||公開傳播權;公開傳輸權;對公眾提供權;合理使用;the right of communication to the public;the right of making available to the public;WCT;WPPT|
Abstract The rapid development of digitalized technology and the internet challenge the traditional copyright law. Article 1 of the R.O.C. Copyright Law clearly stipulates: “This Law is specifically enacted for the purposes of protecting the rights and interests of authors with respect to their works, harmonizing society's common benefit, and promoting the development of culture.”This manifests, the purpose of copyright law is not only to protect the rights and interests of authors with respect to their work, but also to harmonize society's common benefit, and promote the development of culture. Due to the rapid development of digitalized technology and the internet shook the balance of interests between copyright owners and users. The most important issue at present is how to balance the interests of the above-mentioned owners and users. As a result, the problem of communication the copyrighted works to the public on the internet is the one of most critical issues and examples thereunder. The World Intellectual Property Origanization [hereafter “WIPO”] has approved “the WIPO Copyright Treaty” and “The WIPO Performances and Phonograms Treaty” on December 1996. The treaties created the rights of communication to the public and the right of making available to the public in order to cope with the interactive on-demand acts of communication over the internate, and the historic restrictions of the Berne Convention. And the question of whether the right of public broadcast can include the interactive on-demand acts of communication over the internet? Is it necessary to create the right of communication to the public? If confirmative, How to implement? How to adjust the fair use doctrine of the right of communication to the public? There have been many diffusions and arguements between the right of public broadcast and the right of public performance in the practice. There will be more complicated issues if we create the right of communication to the public. It demands the immediate attention towards the solution of the problem. Howerer, evry country encounters with the same issue of the communication to the public on the internet. The major developed countries are reviewing their copyright law in order to comply with the rule of WIPO’s above two treaties. Due to the copyright law is the globally-recognized law, it is difficult not to be influenced by the international copyright treaties when reviewing our copyright law. Although each country has different copyright statute, there exist many similarities on common. It is said that“ An experience form others may help avoid one’s defect.” Therefore, it is a good way to consult other country’s copyright law. This article intends to refer to the legislations of Japan, China mainland, the European Union, the United States, and Australia, regarding the right of communication to the public, by comparing the possible resolutions and directions of scholars and lawyers for legislators, analyzing the advantages and disadvantages, critizing the advantages and disadvantages of the draft of legislation. Finally, it’s attempted to address the possible resolutions and directions for the reference of our legislators and the practice in Taiwan.
|Appears in Collections:||Thesis|