2020 Volume 19 Pages 134-152
As the viewing habits of people change due to the spread of broadband Internet access, as well as the development of high-quality distribution technology, they also come to expect the simultaneous distribution of television programs. However, in regard to this very concept, even if it is the same program, we may not watch it because of restrictions under the Copyright Act.
Therefore, in this paper, we again examine the legal interpretation of the Copyright Act and code of practices, and the application of Neighboring Rights (the rights to make available transmission) restrictions for IP multicast broadcasting, and consider the application of these restrictions on sound-image recording producers, etc., for the simultaneous distribution of television programs.
To begin with, we will review the definition of “broadcast” that differs between the Copyright Act and the Broadcasting Act, and then confirm the legal status of IP multicast broadcasting. Finally, we will analysis the legal framework and codes of practices regarding issues in the Copyright Act, with a focus on the three elements of “Timing”, “Area” and “Content” from the perspective of emerging media technology.
