由美國CARTOON NETWORK LP, LLLP V. CSC HOLDINGS, INC. 一案對於我國著作權法的啟示與借鏡——以「公開傳輸權」為中心

TL;DRAbstract

Based upon the reflections of Cartoon Network case, this article is developed from four aspects. Firstly, it distinguishes the property of public transmission right with that of traditional communication rights (for example: public broadcasting right, public recitation right, public performance right, public showing right) under Taiwanese copyright law. Moreover, this article recognizes that while the construction of traditional communication rights is subject to the concept of ”market substitution”, ”public transmission right” is interpreted according to the risk of ”market substitution”. Further, this article takes the service on demand under interactive transmission as example to determine whether the service provider or the service subscribers would be the infringer of public transmission right. Finally, this article examines the holding of Cartoon Network case to clarify whether the replaying of stored programs would be within ”public transmission right” under Taiwanese copyright

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