On The Nature Of Live Broadcasting Program

With the development of quality and artistic level, live broadcasting program brits more and more economic benefit. For example, on the final of I AM A SINGER an advertisement has brought 100 million yuan for Hunan Satellite TV. The“Broadcasting” of live sport program worth billions. Under the huge economic interests’ temptation, more and more people broadcast those programs without permission.However, the definition about cinematographic works is ambiguity in the Chinese Copyright Law. In the judicial practice, the same program received different judgements in different courts. The nature of live broadcasting program is dispute among scholars.Through analyzing those cases and viewpoints of scholars, I draw that if we want to solve the dispute on the nature of live broadcasting program, we need to discuss the following points: Firstly, whether the originality of the live broadcasting program conforms to the lowest requirements of works; Secondly, whether it will cause unfair among different authors if we define live broadcasting programs as works; Thirdly, whether it will lead to confliction between different laws if we define live broadcasting program as work.It is important for us to research the definition of live broadcasting program on other countries for the intellectual property is imported. International mainstream view is that the nature of film is motion pictures, has nothing to do with shooting.The live broadcasting program is definitude as cinematographic works in copyright law. In authors right law, the live broadcasting program have the same protection with works even it is definitude as video recording.In term of the originality criteria of live broadcasting program, no matter how complicate it is there means to evaluate. Firstly, to enhance high efficient usage of live broadcasting program as well as the industry we should not require strict originality criteria. Secondly, based on our national conditions we should definite live broadcasting programs as works to improve our cultural industry. Lastly, the purpose of the intellectual property is to encourage creation. Definite live broadcasting program as work could improve the author’s enthusiasms which conform to the purpose of intellectual property.Regarding to the ownership of live broadcasting program, there is still no rule on the ownership of live broadcasting program between the original works and the cinematographic works adapted from the original works. Therefore the ownership regulation of live broadcasting program works should be applied by legal producer or be solved with contract.Upon the opportunity of the most significant revision of Chinese Copyright Law since history, video recording is cancelled. It is fair and national to definite live broadcasting program as works.