The Copyright Protection Of Sports Programs In China

In recent years,attributed to the prominent progress of sports industry in China,the infringements regarding to the general rights of sports programs online have been occurred frequently.Thus,such serious volition of economic interests of stakeholders are inevitable to result in judicial adjudication.However,it is nearly impossible for these cases to reach an absolute fair in the end.The controversy of these cases mainly lie in drawbacks of Chinese Copyright Act regarding to sports industry.Furthermore,it give rise to an intense debate in the level of academy.This thesis will be structured into four parts apart from introduction and conclusion.The first part will primarily look at detriments of infringement concerning sports program and,on the base of the relevant judicial cases,analyzes deputes resulted from it.The second part and the third part are conducted to review the different views with regard to the protection of sports program in the field of academy and practice respectively,which,according to legal quality,include two main theory---“work theory” and “video theory”.It is the legal quality that determine the approaches to protect sports program and the uncertainty of which is likely to have adverse influence on the choice of stakeholder to safeguard their rights.In above parts,I will adopt the methodology of comparative analysis and case study to conduct a system study of copyright protection regarding to sports programs.My own opinion towards the controversy above will be put forward in the fourth part.Namely,once the ingenuity of sport programs could reach the standard of “work” in the representation of Copyright Act,it is imperative for them to be given full protection.Accordingly,under the contact of current Copyright Act,it is less likely for China to rectify its online infringement.Therefore,I recommend some approaches to amend the Copyright Act in this part and the approaches includes extending the scope of network transmission right of information and adding the work types.In this,I expect that the sport programs are able to receive appropriate protection from Copyright Act of China.