On The Copyright Protection Of Sports Events Programs

Sina Internet Company sued Phoenix New Media for Live webcast behavior of Chinese Super League stimulate widely discussion of the nature and the protection of Sports events programs. The nature of sports events programs has two mainly theories, "Works" and "Products".In fact, the standard of originality is the most important thing. There are two kinds of standard of originality, "Highly degree of creativity" and “Minimal degree of creativity”.Highly degree of creativity originality principle is difficult to standardize in practice, there is no clear legal standards to guide the trial court, and people can’t predict the results of their own behavior. This principle is difficult to handle; However, minimal degree of creativity is easy and feasible. If the minimal degree of creativity standard is adopted, more work will be included in the scope of protection of the copyright law. And the Objectives of cultural diversity are met. Thus, it can avoid a lot of uneconomic behavior to occur. Therefore, in this paper, we hold views that we should adopt minimal degree of creativity originality principle. And then, we can determine the nature of sports events programs. As long as the producer joined the editing component, and the sports events programs has minimal degree of creativity on the basis of Original picture, sports events programs constitute works, protected by copyright.After the nature of the sports events programs determined, we can get the scope of rights. However, even the sports events programs identified as the work, there is no adequate way to provide protection in the context of existing copyright. Because the live webcast behavior occurred under the network environment, but is a Noninteractive communication behavior, which can’t meet the claim elements of the “Right of broadcast”, “Right of dissemination through information network” and “Broadcast organization’s right”. Although it can be protected by "Right holder’s other clause", but it is expediency, and it is easy to break through the intellectual property legal principles.Live webcast behavior indeed belongs to acts of unfair competition, can be regulated by the Anti-Unfair Competition Law. However, unfair competition law does not like intellectual property laws. It does not has the positive power, the rights holders can only exercise its negative relief capabilities, so it is not sufficient to protect sports events programs by Anti-Unfair Competition Law.Therefore, we should protect the sports events programs under the copyright context. We can improve legislation to control the live webcast behavior. I believe that the legislation on the Right of dissemination through information network should not limit the "interactive" elements, it should expand Right of dissemination through information network, and contain the non-interactive elements, which can control the live webcast behavior. Thus, it can protect sports events programs adequately. And it is easier to operate, also it can reduce the difficulty of legislative work and judicial application.