析鄰接權人通過信息網絡向公眾傳播的權利

The Copyright Law of People’s Republic of China("The Law" hereinafter)authorizes neighboring right owners(performers,sounds recorders and video recorders)some "Rights of Communication to the public on Information Networks".This article notes the following arguments:(1)According to The Law,these rights are different to copyright owner’s "Right of Communication of Information on Networks".(2)A performer is incapable to enjoy the right of communicate his own performance to the public on information network,but can merely authorize others to communicate his performance to the public on information network.(3)The sounds recorders and video recorders should have the "right of communication to the public on information network by themselves",but The Law neglected it wrongfully.(4)The distinction between "distribution" and "communication to the public on information network" should be clarified by the way of understanding the differences among "work","carrier of work","tangible carrier" and "intangible carrier".(5)It is reasonable to restrict the Radio and Television Stations enjoying the right to communicate to the public on information networks.