Is it reasonable to introduce the concept of projection right into the copyright concept system? why

1. To judge whether it is reasonable to introduce the concept of projection right into the copyright concept system, we should understand the principle of "defining exclusive right according to controlled behavior". The main content of the principle of "defining exclusive right by controlling behavior" is that every exclusive right of copyright is used to control specific behavior, and enjoying an exclusive right means being able to control the specific behavior of others using the work. That is to say, anyone who, without the permission of the copyright owner, carries out a specific act controlled by copyright, which does not belong to fair use or legal permission, is an act of copyright infringement. On the contrary, anyone's exploitation of a work is not an act of copyright infringement as long as it is not listed in Article 10 of the Copyright Law. Increasing this right means increasing the right holder's ability to control specific behaviors, which is conducive to better safeguarding the legitimate rights and interests of copyright owners.

Second, judging whether it is reasonable to introduce the concept of projection right into the copyright concept system should be limited to the rationality under the historical conditions at the time when the Copyright Law was enacted, that is, it was added based on the technical level at that time according to the first amendment of the Decision on Amending the Copyright Law of People's Republic of China (PRC) at the 24th meeting of the Ninth NPC Standing Committee on 27 October 20001year. Public reproduction of art, photography, movies and works created by methods similar to film shooting through projectors, slide projectors and other technical equipment is a very advanced and extensive way of copyright use. The purpose of adding this right at that time was to better safeguard the legitimate rights and interests of copyright owners. Therefore, the copyright in Article 10 of the Copyright Law includes the following personal rights and property rights: (10) the right of projection, that is, the right to publicly copy art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment;

However, with the prevalence of network communication, it is not particularly common to publicly copy art, photography, movies and works created by methods similar to film shooting through projectors, slide projectors and other technical equipment. Therefore, this right was deleted from the Copyright Law (Draft for Review) and absorbed by the broadcasting right. Article 13 of the Copyright Law (Draft for Review) includes personal rights and property rights. (6) the right to broadcast, that is, the right to publicly broadcast or rebroadcast a work by wireless or wired means, and to disseminate the broadcast of the work to the public through technical equipment;