Study On The Sports Broadcasting Rights

Sports broadcasting rights is not a legal concept, is the news of the idiom,broadcast rights and broadcast rights contains literally live on the sense of the literalsense of the broadcast rights is a right of broadcasting organizations, no longer hascontroversy, and define the meaning of live broadcasting rights has beencontroversial, generally defined as the tournament organizers have the right to decidewhether to grant the right of a broadcaster or website reported on the game and haveto be authorized to carry out events broadcast rights agencies reported correspondingrequirements.Legitimacy of sports broadcasting rights that Locke’s labor theory ofproperty, it is based on the creation of a labor creates wealth, both athletes laborskills, tournament organizers have invested. As the sports broadcast rights have notformed study systematic analysis of its legal nature is also a matter of opinion, alsoexperienced abroad," said stadium access "," entertainment services, said,"’ sayscorporate power.The nature of its various theories exist, such as certain that it isdefined as intellectual property rights; negative to say race is considered differentfrom the broadcast rights to intellectual property is intangible property. Becausesporting events are reflected in the strength and skills of the existing rules, the result isuncertain, it is not an intellectual decision to creative activities, does not have theoriginality; due sporting events once completed, they can not reproduce, can not betangible form to be fixed, and therefore can not be copied. Thus work is not thecopyright law sense; sporting events are not performing, more of a contest, does nothave the right performer performative; sports events of the original property is notbroadcasting organizations to determine their rights.Due to sporting events withinvisible, proprietary, organizers are able to control and bring economic benefits tothe organizers, therefore, this article will be defined as intellectual property rights isa different kind of intangible property. The subject of the dispute sports broadcastrights have not stopped, there is the subject of rights organizers say, the rights bodysaid teams, athletes rights body said. But the team competition, and can not maintaina balanced development of the sports tournament, it missed the subject of rights;athlete labor through labor contracts to pay salaries obtained without the subject ’s right to fight for position.And define the rights of the legal nature of the subject, andultimately to serve the Relief rights. In the sports market, when illegal broadcastunauthorized acts occurred, and thus the right to relief programs designed topositively important. Due to the unique nature of sporting events, eight remedies"Tort Liability Law" stipulates that not all fit on the relief tournament broadcastrights, and is the most practical significance for damages and reliable form ofrelief.The measure of damages for the calculation of damages can be divided intoprofit and tort compensation formula, which was introduced in the market value of thestandard way of abstract losses, assessment of the results with a loss in a uniform andobjective standards, can reduce organizers of the burden of proof; calculation ofearnings compensation need to pay attention to prevent the rights of people to profit,the distinction between tort and benefit deductions can not be deducted infringementprofit.