Research On The Copyright Of Sports Events

In recent years,with the vigorous development of China's sports industry,the issue of copyright related to sports events is attracting more and more attention.In judicial practice,the dispute of the right of sports copyright mainly focused on sports events,sports programs as the object of copyright protection,whether the sports broadcasting rights belong to the copyright,how to determine the nature of broadcasting rights of sports events in the network environment,etc..In the whole process of sports events,from the host to the recording of the program,and then to the spread of the program,the nature of the event itself and the nature of the program is the basis of the research on the related issues of sports events.The nature of sports events: the controversy between works and non works.Generally speaking,sports events include two categories.Among them,competitive sports events are not works,but the artistic performance sports events have the attributes of the works;There is controversy between products and works of sports programs,and the divergence of the Dispute Originates from the different standards of originality.Suggest to protect the sports programs according to audiovisual works.From the convene to the communication of the Sports events,which involves a variety of different rights.first of all,the broadcasting rights of sports events belongs to the organizers of Sports event,and there is not a final conclusion of the nature of it.Generally speaking,it can be divided into the Theory of real right and Contract rights.This right can be regarded as a kind of contractual right with the feature of real right.In any case,this kind of broadcasting right does not belong to the scope of copyright.The conclusion that the event participants can enjoy the right as a performer of the sports event is controversial.Comparatively speaking,artistic sports events can be regarded as works,the athletes can enjoy the right of performers.Under the current legal framework of copyright law in China,the sports program can be regarded as a work if it has enough originality,and the producer of the program can enjoy the copyright as an author;Conversely,if the program does not have enough originality,the producer of the program can only enjoy a neighboring right which called the right of producer of video recordings.To online spread of the sports event,different subjects can enjoy different rights according to law under the network environment.In the future revision of the copyright law of China,if the program is regarded as an audiovisual work,the producer shall enjoy copyright.For the various forms of online communication,it is recommended to expand the interpretation of broadcasting rights,and to include various forms of network spread.