The Legal Nature Of The Right Of Broadcasting Sports

There are two kinds of right of broadcasting sports in legal discussion. That is the literal one and the live broadcasting one. The one in this paper is just the live broadcasting one. The legal nature of the right of broadcasting sports haven’t been maken clear in the statutory laws of China. Controversy over this issue in academic circles has been continuing. There are many kinds of related theories. Theories on the nature of the right of broadcasting sports in China are the theory of copyright, the theory of neighboring right, the theory of real right, the theory of contract claim, the theory of intangible property right, etc; There are three theories about the nature of this right in Europe and America:"the theory of stadium access", "the theory of entertainment services", "the theory of corporate power". Making a comprehensive survey about these theories at home and abroad, except the theory of intangible property right, there are qualitative errors in other theories. And the theory of intangible property right although correct from the viewpoint of qualitative direction, but its range is too broad and fails to draw a demarcation line with the theory of intellectual property right. Further analysis on the basis of the intangible property right showed that the right of broadcasting sports and merchandising rights in rights characteristics such as object, subject, content, duration of protection and infringement are highly fit. In the same time, it also caters to the reality demand of sports events broadcast, and it also helps to promote the development of sports industry.