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

Abstract

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.