The Protection of the Economic Benefits of Audio-Visual Works — A Focus on the Information Network Transmission Right

This article addresses the intellectual property rights and other legal protections associated with the use of communication networks to transmit audio-visual and interactive content. The right to disseminate original content is guaranteed as a basic intellectual property right. The digital content rights holder is entitled to economic benefits derived from selling or licensing access to that content. Any unauthorized use or transmission of audio-visual content constitutes infringement and renders the infringer subject to legal consequences. At the same time, it is necessary to consider the intent of the actor and whether the unauthorized use has had negative economic consequences for the rights holder. Audio-visual content distributed via ICT can be further protected by clear and detailed appropriate use specifications and technological solutions that prevent unauthorized use while still permitting users to benefit from the access made possible by today's powerful and ubiquitous communication networks.

Forward Design of Financial Transmission Right Market in China

Financial transmission right (FTR) is a kind of financial instrument to avoid congestion cost risk caused by transimission congestion. Based on the development experience of foreign transmission right market, the paper designs the financial transmission right market in line with the operation characteristics of China’s power system, including the design of transmission right product, transaction rules and settlement. Finally, the rationality and operability of the transmission right market design scheme are verified by an example calculation. The paper aims to provide theoretical reference for the construction of transmission right market in China.

Dealing with Overlapping Copyrights on the Internet

This article addresses the problems presented by the effective overlap ofcopyright's exclusive rights in the context of transmission on computernetworks. Simple activities such as sending email or posting to Web pagesmay implicate the reproduction right, the adaptation right, thedistribution right, the performance and display rights, and the new digitalperformance as well as triggering liability for contributory infringementand under the proposed transmission right. The article suggests that thisoverlap creates serious problems not only for user rights and defenses, butalso for copyright owners who wish to license only a subset of their rightsor who wish to divide ownership of their copyright. The article considersas possible solutions to this problem a theory of implied license, as wellas a unified statutory transmission right that displaces other exclusiverights.

Analysis of surveying and legal problems in granting right-of-way and expropriation for the purpose of locating technical infrastructure

A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right-of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.