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Research On The Copyright Protection Of Sports Events Program

Posted on:2017-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:X T ZhanFull Text:PDF
GTID:2296330503959275Subject:Law
Abstract/Summary:PDF Full Text Request
Today, raging NBA、arising CBA、super colorful China Football Association Super League)、exciting UEFA Champions league、soccer stars shine on the World Cup、stirring Olympic Games and Winter Games and other sports programs often become the topic. At the same time of the rapid development of the Internet, bringing the increasing rise of sporting events application program and broadcasting platform, people can choose the time and place to watch the game.The sport itself has its charm and plays an indispensable role in improving people’s spiritual and cultural level.on the one hand, sports programs has the affection of the masses, on the other hand, it has also make the business a means of earn money to increase market share.Thus, the sports events program become a hot topic of the court.After analyzing judgments of different courts on infringement cases involving sports events program, we can find different views of the case parties and the judges on the nature and the protection methods of the programs.That attribute defining sports programs as a work or a recording, the rights enjoyed by the copyright or neighboring rights are our issues to solve.Thus, by this opportunity of modifying the present "Copyright Law",the paper ’main content is whether sports events program need to be protected by "Copyright Law",and put forward some recommendations for the rationalization program in improving the sports regulations.Articles divided into the following three parts:Part I: According to the analysis of different judgments of four cases on the sports events program. we are troubled on the sports program is a kind of works protected by copyright, or as a video recording by neighboring rights protection. In this case, the Court to take the initiative, carried out in accordance with existing legal discretion is particularly important.Part II: In the above case as the foundation of sporting event, including the concept of competitive sports and dance sports, sports events program, "Copyright Law" to meet the requirements of the works in our country. Further analysis of the properties obtained sporting events and sports events program. There are theories of broadcasting organizations right、right of dissemination via information network、and the other rights,and then according to the analysis of the application of laws on the current legal environment, the shortcomings of these types of claim is appear.Part III: In accordance with the relevant provisions on extraterritorial sports events program, such as the continental United States and the common law in Japan on the protection of sports events program,we compared with the domestic in this regard,and after analyzing of the current law on a variety of sports programs applicable,we need to expand the interpretation of rebroadcasting on the the right of broadcasting organizations or to modify the right of network dissemination of information to solve live problems.Finally,the innovation of the paper is:1.by integrating and analyzing a range of related cases about sports events program, the main reason to come to our differences in this respect, these cases support the theory makes references plus more results convincing.2.the paper ’main content is whether sports events program need to be protected by "Copyright Law",when I am gathering information,people discuss sports events program live or rebroadcast, and the premise of discussion is whether the sports events program are works or recordings.
Keywords/Search Tags:sports events program, sports events, copyright, rebroadcasting, broadcasting right
PDF Full Text Request
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