Theory Of Sports Broadcasting Rights

The sales of sports broadcasting rights take up a large proportion in all the source of income of all the major sports events.In domestic and aboard Sports broadcasting market,the main body of sports broadcasting rights diverse with increasing fierce competition,disputes and friction.However,the law cannot reasonably regulate the development of the sports rights because of its theoretical and systematic lag.In theoretical circle,there are great differences of the legal nature of sports broadcasting rights which both international and domestic legislation are not clearly defined.This paper is going to discuss the nature,definition,main body and legal protection of sports broadcasting rights with the consideration of judicial practice under this background.At present,there are major differences of international and domestic scholars in defining the nature of sports broadcasting rights.At first,this paper analyzes the concept of sports broadcasting rights development.The concept of sports broadcasting rights change because the main body of competition video recording transfers from traditional media to the organizer and the development of the broadcasting mode and transmission technology.The paper Introduce several theory of sports broadcasting rights such as : "access" field ",image rights to use","contract rights said","commercialization rights","the performer said","copyright",etc.the author tends to discuss copyright,which sports should be included in the rights of the copyright protection.The object of sports broadcasting rights is the sports video rather than sports event which comparing the legal relationship between the organizers and the audience from multiple perspectives.Sports event is an objective event,is the material or content rather than the picture fixed in man's subjective will.Objective Sports video is more advantageous to the definition of its nature and protection from the perspective of law.The object of sports broadcasting rights constitutes the term "work”,which termed in copyright law,can meet the requirements of originality and replication.Because of the development of sports rights of recording technology,communication technology and means,business management pattern of development,the main body of sports broadcasting rights transfer accordingly.In the current environment of the main body status,sports broadcasting rights need to be redefined.The main body should be a sporting event organizers,association or individual sports committee.The broadcast sports media identity need to be redefined,media should play available main body in the broadcast mode.this paper analysis the judicial practice in our country about sports broadcasting infringement of typical cases and refining of contention from two aspects: the case between CCTV and Century Dragon Company about the right of sports broadcasting organizations;the case between CCTV and I love Chat Company about the right of sports information network transmission.Two angles is introduced and combined with analysis of the present legislation in China focus problem,then carried out on the court and determination of the focus of controversy.Aiming at the problems in the judicial practice,as well as to the current legislation that the copyright law is modifying,this paper proposes sports video should be brought into the scope of copyright law protection,clears the main body status,enlarges the regulation range of the information network transmission right and other rights,and hope to promote the research contributions of sports broadcasting rights.