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Research On Images Of Live Broadcast Of Sport Events In Copyright

Posted on:2017-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:S S MaoFull Text:PDF
GTID:2296330503459307Subject:Intellectual Property Rights
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With the rapid development of the sports industry, dispute about images of live broadcast of sport events is also increasing. Different courts have not reached a consensus on determining the nature of "live sport images", the majority held that sport events live broadcasting programs did not meet the requirement of originality, so that the producers of the images of live broadcast of sport event can only enjoy neighboring rights as video producers. Since video recording producers do not enjoy the exclusive right as comprehensive as the author, it is difficult for right holders to control "Live Piracy" behaviors over the network. In Sina v Phoenix case, the court creatively found "sporting events live image" as "work", which caused controversy over the nature of "live sports images".The first chapter clarifies the related concepts of live sport images. It points out the relations and differences between live sport images and sport events as well as live sport signals. Sport events do not constitute works under copyright law, whether “live sport images” constitute works is still controversial. Live sports broadcasting signal is object to the right of broadcasting organizations, which is not consistent with live sport images, but the protected object often overlapped in practice. This has also laid the foundation for the using of "the right of broadcasting organizations" to protect live sport images.The core dispute between "work" and "products" of live sport images can be summarized as "originality" criteria. At present, the application of the standard of originality in Chinese legislation is still hybrid. By exploring the origin of Originality in the two main legal systems, we can come up with some principles that should be noted when we decide the originality of a work, including "the standard of originality should be consistent with a country’s legislation, the determination of originalityshould be different based on the categories of different works, but same standard should be applied on the same kind of work. In terms of "live sports images", due to its objective reflection and unpredictability of the event, the space for originality is quite limited, thus should not be protected as a "film". Meanwhile this article pointed out that, when the sport events get interrupted, the broadcasting director’s creative performance could potentially turn the images into work.Through the inquiry of originality, this dissertation proved that images in live broadcast of sport events should not be protected as films or "Collective Works", which is a response to the perspective of some scholars in the first chapter. When exploring which path to choose when protecting the images of live broadcast, this dissertation considered the coordination of both theoretical and practical legislation process. It follows, due to the ambiguous sources of the right of broadcasting sport events, as well as the limitations that "Anti-Unfair Competition Law" can only regulate online piracy with principled provisions, this dissertation proposed to protect images in live broadcast of sport event by improving the provisions on "the right of broadcasting organizations".Applying " the right of broadcasting organizations " to regulate unauthorized live sport images has its natural advantages, both in that it is originally related to prevent piracy of sport event, thus is more conducive to flexibly adapt to the current level of protection in our country, also are reflected in the coordination of copyright and neighboring rights under the existing framework. This could be achieved by revising Article 45 of Copyright Law, which its practicality has been confirmed by the Draft for the Amendment of Copyright Law(draft for deliberation).
Keywords/Search Tags:Live Broadcast of Sport Events, Originality, Works, Video Recordings, the Right of Broadcasting Organization
PDF Full Text Request
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