Legislative Proposals on the Protection of Broadcasting Organization Rights in China—Including a Study on Article 41 & 42 of Copyright Law (Revised Draft for Review)

The system of broadcasting organization rights has been revised in Article 41 and 42 of Copyright Law(Revised Draft for Review)drafted by the National Copyright Administration, but it still has some shortcomings based on the view of the international legislative trend and the development of Chinese broadcast industry. Public domain materials should be excluded from the object of broadcasting organization rights, while the pre-broadcast program carrying signal should be protected. The prohibitive mode of rights still should be applied. In the content of rights,retransmission should be defined as the simultaneous transmission and by the technology-neutral principle, the rules of fixation right and reproduction right should apply to temporary fixation and temporary reproduction. Then the above modification can replace and put off the rules of other rights.