A Study on Copyright Disputes of Playing Audio & Video Works in Public Places

• Main Authors: YEN,MEI-FEN, 嚴梅芬
• Other Authors: CHANG,JUI-HSING
• Format: Others
• Language: zh-TW
• Published: 101
• Online Access: http://ndltd.ncl.edu.tw/handle/34824346088825531112

碩士 === 南台科技大學 === 財經法律研究所 === 100 === With the increasingly diverse entertainment and cultural development, the people in the pipeline of the music or video has become increasingly fast and convenient, and generally believe that the behavior of public places to Playing Audio & Video Works does not infringe on property rights violations, and therefore lead to the audio-visual works sued copyright infringement the case heard. And such public places, use the device to play audio and video works to the public to appreciate the behavior, Often involved in our practice public broadcast rights, public performance rights, public presentation rights, and simply broadcasting the content of the program by turning on the radio/television in public. Can often be seen, the copyright instead of themselves and the court recognized standard for the above four types differ, Hotel to use the television movie, is public broadcast or public presentation of behavior; receive broadcast music programs such as restaurants, the use of louds¬peak¬ers to broadcast, it is not China's favorable provisions of the copyright owner, on the contrary, there is against public broadcast rights or public performance rights. In recent years, although constantly amend¬ing the law to protect the rights of the copyright instead of themselves and copyright collective management organizations, However, virtually increase in the works of the use of the same face of the different copy¬rights owner o request the charges of money and mental stress。Copyright Law can have a more perfect system, he copyright and the use to comply with in accordance with the law, not only can reduce the burden of one has been charged，the copyright owner also reasonable remuneration, and generate the momentum to continue to create, that can strike a balance between the rights and innovative concept, and at the same time promote the development of culture。 This study is based on the views of Comparative Law to compare the International Covenants with the laws of other countries (USA, China). By investigating all the legal regulations of Public Broadcast, And control the dilemma faced by the current method,it is hoped to learn how to improve Copyright Acts in order to build up a better system.